May 17, 2021
Authored and Edited by Regan J. Rundio; Caitlin E. O'Connell; Elizabeth D. Ferrill
In Free Stream Media Corp. v. Alphonso Inc., No. 2019-1506 (Fed. Cir. May 11, 2021), the Federal Circuit reversed the district court’s determination that the asserted claims were not patent ineligible under 35 U.S.C. § 101.
Free Stream sued Alphonso for infringement of its patent related to targeting advertisements at a user’s mobile phone based on data gathered from the user’s television. This is achieved by bypassing the conventional “security sandbox” separating the mobile phone from the television. Alphonso moved to dismiss Free Stream’s infringement claim, arguing the asserted claims were invalid under § 101. The district court denied the motion finding that the claims were not directed to an abstract idea.
The Federal Circuit reversed, determining that the claims were directed to the abstract idea of “targeted advertising.” The Court further determined that the disclosure of methods of improving computer functionality in the specification could not save the asserted claims, which did not recite those methods. Finally, the Court was not persuaded that the claims embodied an “inventive solution to a problem”; rather, the Court found that the claims simply recited conventionally arranged generic components that, even as an ordered combination, failed to permit “communications that were previously not possible.”
Copyright © 2021 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
INCONTESTABLE® Blog
The Federal Circuit’s Heartfelt Affirmation of Everybody’s Right to Use “Everybody vs. Racism”
March 22, 2024
Ad Law Buzz Blog
“Banning” a Banned Ingredients Claim: NAD’s Application (and Expansion) of the FTC’s Green Guides
March 18, 2024
At the PTAB Blog
Federal Circuit PTAB Appeal Statistics for December 2023 and January 2024
March 8, 2024
Hybrid Conference
7th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation
February 8-9, 2024
New York
INCONTESTABLE® Blog
Ninth Circuit Pours Jack Daniel's in “Punchbowl” Trademark Suit
February 8, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.