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Federal Circuit Affirms '101'Subject Matter Invalidity of Internet-Related Software'Patents Under Alice
On July 6, 2015, a unanimous Federal Circuit panel of Circuit Judges Dyk, Reyna, and Chen issued an opinion, authored by Judge Dyk, in Intellectual Ventures I LLC v. Capital One Bank (USA), Case No. 2014-1506. The panel affirmed the patent invalidity holding of the district court under the '101 Alice framework, finding Intellectual Ventures' patents claiming unpatentable abstract ideas.
Patent owner Intellectual Ventures filed suit against Capital One in the Eastern District of Virginia in 2013 alleging infringement of three patents directed towards 'activities on the Internet, and ' photography organization using a computer.' Slip op. at 3. After the district court's claim construction, the court granted summary judgment of invalidity due to ineligible subject matter under '101 for all asserted claims of two the patents, '137 and '382, and parties stipulated to noninfringement of the third patent, '587. Intellectual Ventures appealed. The Federal Circuit reviewed the summary judgment, '101 subject matter eligibility, and claim construction holdings.
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