Judge Sue L. Robinson recently considered Defendants’ motion for judgment on the pleadings that the patents-in-suit, related to mobile phones and devices using the LTE standard, claim patent-ineligible subject matter under 35 U.S.C. § 101. Evolved Wireless, LLC v. Apple, Inc., et al., No. 15-542-SLR, et al. (D. Del. Oct. 31, 2016). Defendants argued that the claims of the patents were merely “directed to a mathematical algorithm for generating a code sequence” and were therefore not protected by our patent laws. Id. at 8.
Judge Robinson disagreed. In reaching that conclusion, Judge Robinson found that:
The ‘916 and ‘481 patents describe problems and solutions firmly rooted in technology used for wireless communications. Specifically, the ‘916 patent explains that the number of code sequences available in the prior art to maintain orthogonality was “limited.” As a result, telecommunication systems either had a higher level of interference or were only able to serve a limited number of mobile phones for a particular base station. The ‘916 patent relates to a technique for optimizing the number of unique code sequences with orthogonality, overcoming the limitations rooted in prior art.