Patent Ineligibility in Ericsson v. TCL

Ericsson v. TCL Communication Technology Holdings began in 2015 when Ericsson filed suit alleging infringement of five patents against TCL (Case No. 18-2003, 2020 WL 1856498 [Fed Cir, Apr 14, 2020]). TCL successfully challenged four of the patents through inter partes
review.

The fifth patent, US Patent No. 7,149,510, stayed in the suit. Before the district court, TCL moved for summary judgment of invalidity against the ’510 patent under 35 USC §101, asserting that its claims are patent-ineligible. The court disagreed, holding that the claims are directed to eligible subject matter and recite an inventive concept. At trial, Ericsson asserted only claims 1 and 5 of the ’510 patent. The jury found that TCL had wilfully infringed the two claims and awarded damages, and the district court entered judgment against TCL.

On appeal, TCL argued to the Federal Circuit that, among other things, the district court erred in holding the two ’510 patent claims valid under §101. The Federal Circuit reversed the district court under §101, holding that the claims are directed to an abstract idea and do
 not include an inventive concept that would support patent eligibility. Because the claims are invalid under §101, the Federal Circuit vacated the district court’s judgment and did not reach the other issues on appeal.

Read the full article here.