Third Time’s a Charm on § 101

Order Granting Defendant’s Motion for Summary Judgment of Invalidity Under 35 U.S.C. § 101, Cave Consulting Group, Inc., v. Truven Health Analytics Inc., et al. N.D. Cal (December 15, 2017) (Judge Susan Illston)

Truven’s persistence on its § 101 arguments has finally paid off.  After separately denying a motion to dismiss and a motion for summary judgment – both on § 101 grounds (discussed here) – Judge Illston granted Truven’s renewed motion for summary judgment that the asserted claims were unpatentable. READ MORE

Alice Strikes Again: Patent for Biometric Identification and Verification System Invalidated as Directed to a “Well-Known” Idea “Humans Have Always Performed.”

Order Granting Motion to Dismiss, IQS US, Inc. et al. v. Calsoft Labs, Inc., et al., N.D. Ill. (August 18, 2017) (Judge Joan H. Lefkow)

Late last month, we reported on an Order from the Southern District of Texas invalidating identify theft prevention software under Alice as being directed to an abstract idea and lacking a sufficiently inventive concept.  There, Magistrate Judge Palermo found that the idea of preventing identity theft was an idea that has “existed since the dawn of civilization” and compared the claimed invention to the age-old practice of signature comparison and the more recent practice of identification cards.  In a similarly-reasoned order, Judge Lefkow of the Northern District of Illinois recently invalidated a patent for a biometric identification and verification system by finding that the patent claimed the idea of comparing known information about an individual to a second set of information for the purposes of confirming an individual’s identity—a “well-known concept that humans have always performed.” READ MORE