Software Claims Against Alice

The Federal Circuit just lately delivered strategic assistance for defending application statements against Alice challenges that claims recite ineligible patent topic subject beneath 35 U.S.C. § 101. In Mentone Remedies LLC v. Digi Worldwide Inc., defendants alleged that representative assert 5 of U.S. Patent No. 6,952,413, directed in direction of allocating facts channels working with shifted uplink position flags in mobile cell stations, claimed only an abstract concept. The District Court docket agreed and dismissed. On charm, the Federal Circuit reversed, keeping that assert 5 is not directed to an summary strategy simply because the assert enhanced the functionality of a laptop or computer.

Assistance Centered on the CAFC Selection

The Mentone conclusion, though non-precedential, delivers further more perception into how to prevail over § 101 difficulties, this kind of as using coined terms by the inventor in the assert language, depicting the complex deficiencies in the figures, depicting the technical positive aspects in the figures, and reciting unique claim language that captures the specialized positive aspects of the certain specialized challenge. Once the patent application’s specification has been drafted and submitted, prolonged just before litigation commences, the techniques can no for a longer period be executed. Practitioners should for that reason be aware when drafting the specification to tackle these parts that may build in organic Alice immunity, therefore enhancing the price of the patent property.

The Patent-Qualified Declare of U.S. Patent No. 6,952,413

The claim at difficulty supplied a series of strategy measures connected to allocating means on packet data channels:

5. A a number of entry communication strategy in a cellular station, comprising the actions of:

receiving an assignment of at the very least a to start with PDCH (packet data channel) and a next PDCH

checking an assigned PDCH to detect a USF and

transmitting on an assigned PDCH corresponding to the USF,

whereby (i) if shifted USF procedure is not made use of then a very first assigned PDCH is monitored to detect a USF corresponding to the initial assigned PDCH and (ii) if the shifted USF operation is used then a next assigned PDCH is monitored to detect the USF corresponding to the very first assigned PDCH and a USF corresponding to the second assigned PDCH.

The assert handles a system for cellular mobile stations. The mobile mobile stations can have packet info channels (PDCHs) for downlink and uplink functions between mobile phones and a community. The cell stations can allocate a PDCH to be utilized for downlink and uplink functions. Downlink operations include obtaining facts from the network and uplink operations consist of transmitting info to the network.

Uplink status flags can show no matter whether a packet details channel is to switch from getting data from a community (e.g., downlink operations) to transferring facts to a community (e.g., uplink functions) via an assignment. But occasionally the flip-all-around time and the mounted timing partnership among the downlink signaling and the subsequent uplink operation implies that the assignment can not be carried out. The lack of ability to assign a PDCH for uplink functions lessens the availability of uplink functions, therefore decreasing the circulation of info and overall flexibility of response to altering problems.

The declare utilizes shifted uplink standing flags (“shifted USFs”) to manage access to the PDCHs. The shifted USFs get over the limitations of USFs by altering the fixed timing partnership of the downlink signaling and enabling the cell station to swap to uplink functions presented the change-all around time.

Assert 5 is Not Directed to an Summary Notion – Court Reasoning and Analysis

The Federal Circuit turned down the view that the declare was merely the abstract idea of “receiving an uplink position flag and transmitting details throughout the suitable timeslots.” As a substitute, the Federal Circuit identified the patent enhanced pcs, especially cell equipment, by proclaiming USFs that broke the fastened timing romantic relationship between the receipt of the USF all through a downlink operation and the subsequent uplink operations. These improvements addressed the info-community problem activated by the preset partnership amongst USFs in a downlink slot and the availability for transmission in the corresponding uplink slot. As established precedent displays, strengthening present pc techniques demonstrates that an idea is not a patent ineligible summary concept.

The Courtroom relied on numerous features of the declare language and specification to create assert 5 as patent eligible beneath § 101. 1st, the claim recited “shifted USF,” which was a expression coined by the inventor. Second, the assert recited specific abilities these types of as checking, in reaction to detecting a shifted USF operation, a second assigned PDCH to “detect the USF corresponding to the initial assigned PDCH and a USF corresponding to the second assigned PDCH” and transmitting on the two PDCHs appropriately. 3rd, assert 5 improved existing units by breaking the set relationship in the timing of downlink allocation signaling (i.e., receipt of a USF on a timeslot) and subsequent uplink transmission. Finally, the specification showed an example of the deficiency in the prior artwork (this sort of as the impermissible configuration of Determine 3) and proposed a answer: a new configuration working with a shifted USF that allows the cellular station adequate convert-all around time to change from downlink functions to uplink operations.

The Federal Circuit’s reversal of the District Courtroom also relied on the complex issues and technical positive aspects introduced in the figures of the challenged patent. A lot more specifically, the figures depicted the limits of the prior art and how the set timing marriage manufactured some uplink configurations unavailable. For instance, Figures 2 and 3 detail the restrictions of a USF because of to slot allocation constraints linked to the fastened timing marriage. On top of that, the figures exhibit how the specialized advancement of the shifted USFs overcome the specific issue related to the mounted timing marriage. For case in point, Figures 4 and 5 clearly show the cell stations monitoring the 2nd downlink slot for the shifted USF alternatively of the 1st downlink slot for the very first USF. Further, Determine 7 exhibits how the features of declare 5, such as acquiring and monitoring details in two separate PDCHs, function alongside one another to provide that inventive remedy. The complex advantages articulated by the figures demonstrate that assert 5 is not abstract by eradicating restrictions to cell station configurations.

Takeaways

The decision provides route pertaining to approaches patent practitioners can employ to refute arguments that unfairly decrease software claims to a mere summary notion ineligible less than § 101. Patent drafters may reward from depicting justifications (where by probable) working with diagrams of the claimed strengths in excess of the prior artwork. Litigants can afterwards level to these figures depicting the complex problems and specialized alternatives to overcome Alice and aid a summary of patent suitable statements. In addition, the patent drafters might include conversations of: (1) coined terms employed in the claims that deal with the problems identified in the specification, (2) how the invention improves on prior artwork, and (3) the figures that depict the distinct measures to have out the technical positive aspects.