Published on:

Judge Stark Grants Summary Judgment of Lack of Patentable Subject Matter

Chief Judge Stark recently considered several pre-trial motions for summary judgment in this litigation between Plaintiff Intellectual Ventures and Defendant Symantec. Two of the summary judgment motions at issue were cross-motions directed to Section 101 patent eligibility. Judge Stark ultimately found that the claims at issue, directed to a method of remote mirroring of data for back-up purposes, were not patent eligible. Intellectual Ventures I LLC, et al. v. Symantec Corp., et al., C.A. No. 13-440-LPS, Memo. Op. at 7-11 (D. Del. Feb. 13, 2017). Judge Stark first found that the claims were directed to “the abstract idea of backing up data. The claims recite the basic steps of copying data from one location to another several times and sending a confirmation that the data has been received. It is undisputed that institutions have long backed up data in general, and the specification even describes long-practiced methods of backing up digital data. Additionally, courts have found similar claims – about storing or copying information – as being within the realm of abstract ideas.” Id. at 8. And although the patent specification described several disadvantages of prior art back-up methods, “[t]he claims do not provide any concrete details that limit the claimed invention to a specific solution to the problem of remote back-up of digital data. The claims simply rely on functional language to describe copying and confirmation steps. Additionally, the claims use existing computer functionality as a tool to better back up data and do not themselves purport to improve anything about the computer or network itself. . . . The specification’s insistence that the claimed invention is an ‘advancement’ over the prior art does not overcome the Court’s conclusion that the claims as written focus on an abstract idea.” Id. at 8-9. Moreover, the claim limitations did not contain an inventive concept because “the patent’s claimed solution merely restates the problem to provide ‘a method for remote mirroring of digital data,’ in which ‘the data copied’ is ‘a substantially concurrent copy.’ Such attempt to claim ‘the abstract idea of a solution to the problem in general,’ as opposed to a particular solution, confirms the patent ineligibility of these claims.” Id. at 11.

Intellectual Ventures I LLC, et al. v. Symantec Corp., et al., C.A. No. 13-440-LPS (D. Del. Feb. 13, 2017).

Contact Information