Tuesday, February 9, 2016

Website Digital Labelling Patents Not Invalid Under 35 U.S.C. § 101

The magistrate judge recommended denying defendant's motion for summary judgment that plaintiff's website digital labelling patents were invalid for lack of patentable subject matter and found that the claims were not directed toward an abstract idea. "'Gathering' data may describe an abstract idea, but 'producing' a 'label' based on that data does not describe an abstract idea. . . . Processing gathered data to 'produce' 'something symbolic' does not describe an abstract idea because that process is a specific and concrete implementation of data storage. . . . The 'responding' limitation may describe the somewhat abstract idea of reacting to information from a source. The 'guiding' limitation, however, describes a more specific and concrete way of processing information."

Gonzalez v. InfoStream Group, Inc., 2-14-cv-00906 (TXED February 6, 2016, Order) (Payne, M.J.)

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