July 19, 2019
Authored and Edited by Ruohan (Jack) Li; Kevin D. Rodkey; Elizabeth D. Ferrill
In Cellspin Soft, Inc. v. Fitbit, Inc., No. 2018-1817 et al. (Fed. Cir. June. 25, 2019), the Federal Circuit vacated and remanded the district court’s dismissal finding four patents ineligible under 35 U.S.C. § 101, instead holding that the patent owner’s plausible, specific factual allegations of inventiveness precluded Rule 12 dismissal.
Cellspin asserted four patents, generally related to connecting a data capture device to a mobile device to allow a user can automatically publish content to a website, against several defendants. The defendants moved to dismiss under Rule 12, arguing that all four patents were patent ineligible under § 101. The district court granted the motions, finding that the asserted claims were directed to the abstract idea of “acquiring, transferring, and publishing data” and did not recite an “inventive concept.” The district court also awarded attorney fees under § 285, finding that Cellspin’s claims were “exceptionally meritless” because they were “manifestly directed to an abstract idea.”
On appeal, the Federal Circuit agreed that the asserted claims were directed to an abstract idea, but found that the district court erred in finding no inventive concept. The court explained that Cellspin’s amended complaints alleged “specific, plausible factual allegations about why aspects of its claimed inventions were not conventional” that, when taken as true, precluded dismissing the case under Rule 12. The court then held that the erroneous dismissal necessitates vacating the related attorney fees award. The court vacated the district court’s decision and remanded for further proceedings.
patentability, patentable subject matter, 35 U.S.C. § 101, remedies, attorney fees, exceptional case
Copyright © 2019 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.
June 10-12, 2024
San Francisco
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Webinar
Obviousness of Biologics Inventions: Strategies for Biologics Claims in the U.S., Europe, and China
May 28,2024
Webinar
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.