Eligibility: A Factual Dispute Requires Alleged Facts

The recent non-precedential opinion of Automated Tracking Answers v. Coca Cola delivers anything of a backstop to AATRIX and Berkheimer.   The ATS panel consists of Judges Moore and Stoll – the two primary judges pushing for additional formality in taking into consideration factual conclusions fundamental an eligibility final decision.  In ATS, even so, the panel affirmed a district courtroom judgment on the pleadings that the asserted patent lacks eligibility.  The panel restated its prior conclusions that “patent eligibility beneath § 101 is a problem of legislation that may include fundamental issues of fact.” Having said that, in this scenario the courtroom found no content points in dispute.

The 4 asserted ATS patents are all directed to “inventory control” processes using RFID technological know-how. U.S. Patent Nos. 7,551,089 7,834,766 8,842,013 and 8,896,449.  RFID chips contain a transponder that is then identified by a reader that receives a sign by using an antenna.  


Assert 1 of the ‘766 patent is listed underneath:

1. A technique for finding, determining and/or tracking of an object, the technique comprising:

a initially transponder associated with the object

a reader that is configured to receive initially transponder facts by using a radio frequency (RF) sign from the initially transponder

an antenna in communication with the reader and getting a initially coverage space

a processor coupled to the reader, wherein the processor is configured to receive the initially transponder facts from the reader and to produce detection information dependent on the obtained initially transponder facts, the detection information comprising initially sighting and previous sighting of the initially transponder in the initially coverage space and

a storage system that is configured to store the detection information.

In examining this claim, the District Court adopted the Alice/Mayo two phase framework inquiring initially, no matter whether the claim is directed toward an ineligible summary strategy and if so, no matter whether the claim also consists of an creative phase that goes past the ineligible features to change the entire into an suitable creation. On enchantment here, the Federal Circuit has affirmed. The final results:

Action 1: The claim is directed to the system of amassing facts, analyzing the facts, and determining final results dependent on the analysis.  As stated, that system is an summary strategy.

Action 2: Recognizing that RFID technological know-how was identified at the time, the claim adds no creative phase past the summary strategy.

The patentee tried to establish a disputed factual problem – no matter whether the RFID technological know-how as made use of in the statements was “routine and conventional” at the time.  In Berkheimer, the Federal Circuit established that challenge to be a problem of fact.  In this article, even so, the patentee experienced failed to make plausible factual allegations in its complaint sufficient to generate a dispute here.  “The complaint alleges nothing at all to help ATS’s rivalry that RFID was a acquiring technological know-how Nor does the complaint allege that any o the components elements in the agent claims–either on your own or in mix as a system–are anything at all but effectively understood, schedule, and common.”  Rather, the specification of the patent states that RFID programs are identified and can be pretty very simple. 

Dismissal affirmed.  

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As an aside, I’ll talk to why this scenario was released as non-precedential while the two parallel 101 instances described above were being considered precedential. Professors Lemley and Gugliuzza (BU) have accused the courtroom (associates of the courtroom) of attempting to shift the rule by hiding precedent. Can a Court Alter the Law by Indicating Nothing?

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And, you have to enjoy the drawings in the patents. You are going to recognize the usual company shelf in determine 4 above that consists of usual files and data files along with weapons, money, and narcotics.

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