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Judge Andrews grants motion to dismiss for lack of patentable subject matter

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In Tuxis Technologies, LLC v. Amazon.com, Inc. (D. Del. Mar. 25, 2015), Judge Richard G. Andrews granted Amazon’s motion to dismiss for lack of patentable subject matter as to Tuxis’ remaining asserted claims of U.S. Patent No. 6,055,513 (“the ’513 patent”). Judge Andrews had previously granted Amazon’s motion to dismiss with respect to claim 1 of the ’513 patent (discussed here). First, addressing step one of the Alice framework, Judge Andrews found that “the asserted claims of the ‘513 patent are directed to the abstract idea of upselling” and are therefore “directed to patent-ineligible subject matter.”  Id. at 5. Turning to step two of the Alice framework, Tuxis argued, for example, that the claims at issue “require[] establishing communication via the Internet between the user’s computer and the system.” Id. at 7-8. Judge Andrews explained, however, that such communication did not meaningfully limit the claims, noting that “the prohibition against patenting abstract ideas cannot be circumvented by attempting to limit the use of [the idea] to a particular technological environment.” Id. at 8. Judge Andrews further noted “that invocation of the Internet does not add an inventive concept, and that ‘the use of the Internet is not sufficient to save otherwise abstract claims from ineligibility under § 101.’” Id. Contrasting the claims at issue with those from DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (Fed. Cir. 2014), Judge Andrews found that the instant claims “merely recite the performance of some business practice known from the pre-Internet world along with the requirement to perform it on the Internet.” Id. Rejecting Tuxis’ other arguments, Judge Andrews found that the remaining asserted claims were directed to unpatentable subject matter and therefore granted Amazon’s motion to dismiss.

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