In the latest development relating to patent eligibility of content-based identifier patents, the US Court of Appeals for the Federal Circuit affirmed decisions finding patent claims ineligible under 35 U.S.C. 101. PersonalWeb Techs. LLC v. Google LLC, YouTube, LLC, Case No. 20-1543 (Fed. Cir. Aug. 12, 2021) (Prost, J.) (consolidating PersonalWeb Techs. LLC v. Facebook, Inc., Case No. 20-1553, and PersonalWeb Techs. LLC, Level 3 Commcns. LLC v. EMC Corp., VMWare, Inc., Case No. 20-1554).
PersonalWeb sued technology companies in the Eastern District of Texas in 2011 over three of its patents. The patents were directed to data-processing systems that assign each data item a substantially unique content-based identifier, generated by hash algorithm, which changes when the content changes and is used to perform data-management functions. Several defendants successfully motioned for transfer to the Northern District of California, where their companies were headquartered and/or their employees responsible for the development of the accused products were based. After claim construction in Texas, the cases were transferred and stayed pending several inter partes reviews before the US Patent Trial & Appeal Board (Board). Previous decisions before the Federal Circuit affirmed the Boards findings that using hash-based identifiers for data management was disclosed in the prior art; that content-based identifiers in performing file-management functions, such as backing up files, were also known and that many claims of the asserted patents had other unpatentable aspects. After the stay was lifted, the California court granted the defendants motion for judgment on the pleadings that the remaining asserted claims were patent ineligible under 35 U.S.C. 101. PersonalWeb appealed.
To assess patent eligibility, the Federal Circuit applied the two-step Mayo/Alice framework. Under step one (determining whether the claims at issue are directed to a patent-ineligible concept, such as an abstract idea), the Court considered the focus of the claimed advance over the prior art and found that the claims were directed to an abstract idea. PersonalWeb contended that its claims were directed to a substantially unique, algorithm-derived, content-based identifier for all data items in a networked computer, which allows a computer within a network containing diverse computing and storage systems to locate and distribute data without knowing either the file system of any device within the network or the conventional name of any data item. However, the Court adopted the district courts view, which was that the patents were directed to (1) using a content-based identifier generated from a hash or message digest function, (2) comparing that content-based identifier against something else, [that is,] another content-based identifier or a request for data; and (3) providing access to, denying access to, or deleting data. Given the focus in Mayo/Alice step one of whether the claims of the asserted patents fall within the excluded category of abstract ideas, and citing to parallel examples from precedent cases, the Court concluded that the claims were directed to the use of an algorithm-generated content-based identifier to perform the claimed data-management functions, which include controlling access to data items, retrieving and delivering copies of data items and marking copies of data items for deletion.
The Federal Circuit found that these functions were merely mental processes that can be performed in the human mind or using a pencil and paper, and that the claims focus were mere automation of manual processes using generic computers. As the Court explained, the step one inquiry looks to the claims character as a whole, rather than evaluating each claim limitation in a vacuum. In that regard, the Court found that the claims were merely a combination of the individual abstract-idea processes. PersonalWeb attempted to argue that similar to the circumstances in DDR Holdings, the claims offered a solution necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks, but the Court regarded the asserted efficiency improvements as no different as a library using content-based identifiers to purge duplicate books.
As for Mayo/Alice step two (considering the elements of each claim individually and as an ordered combination to determine whether the additional elements transform the nature of the claim into a patent-eligible application), the Federal Circuit did not find any such transformation. PersonalWeb argued that the claims applied inventive use of cryptographic hashes in a way that was not conventional nor routine prior to the patents. However, as noted, such use of hashes had already been found to be neither novel nor nonobvious, and the Court found that using content-dependent cryptographic hashes in place of conventional names failed to supply something more, much less significantly more, than the abstract idea itself.
In a non-precedential companion opinion released the same day, the Federal Circuit affirmed the district courts claim construction of unauthorized or unlicensed to mean not compliant with a valid license, and construed authorization to mean a valid license. In Re: PersonalWeb Techs. LLC, Case Nos. 20-1566, -1568, -1569 (Fed. Cir. Aug. 12, 2021) (Lourie, J.) In its appeal, PersonalWeb argued that the claim construction failed to give meaning to all of the words in the claim by ignoring the disjunctive or and reading unauthorized out of the claim. The Federal Circuit agreed with the district court that unauthorized or unlicensed should be treated as a single concept relating to the claimed purpose of controlling access to licensed content. The Court cited to the following: The patent abstract and specification, which treated these terms interchangeably; a Supreme Court of the United States ruling that or can be used to connect synonyms in the context of statutory construction and the Federal Circuits previous recognition that tenets of statutory construction can apply equally in interpreting patent claims. The Court found that the intrinsic evidence did not support any other type of authorization and refused to prioritize what it called unclear portions of the prosecution history from the patent family over the clarity with which authorized and licensed were used interchangeably in the written description. In light of the Courts precedent in Phillips v AWH Corp., the Court also found that the prosecution history represents an ongoing negotiation between the PTO and the applicant, rather than the final product of that negotiation, it often lacks the clarity of the specification and thus is less useful for claim construction purposes.
Practice Note: In drafting the claims and specification, take care to describe technological advancements in a manner that avoids allegations of mere automation. When reciting [A] or [B] in the claims, applicants should consider whether such terms are intended to be interchangeable and should use such terms throughout the specification and claims with intention.
[View source.]
Continued here:
- Yellow.ai unveils Email Automation feature for streamlined support - IT Brief New Zealand - March 4th, 2024 [March 4th, 2024]
- Automation in Biopharma Industry Propels Market Growth with Emerging Trends - Global Forecast to 2028 - Yahoo Finance - March 4th, 2024 [March 4th, 2024]
- Ginkgo Bioworks: Pioneering Healthcare's Future with Drug Development Automation - BNN Breaking - March 4th, 2024 [March 4th, 2024]
- Inspiring cloud automation - The Register - March 4th, 2024 [March 4th, 2024]
- Clinical Lab Automation Market to Reach $3.72 Billion by 2030 Amid Technological Advancements - PR Newswire - March 4th, 2024 [March 4th, 2024]
- #ETFutureForwardME: Hiring and onboarding right with AI and automation, ETHRWorldME - ETHRWorld Middle East - March 4th, 2024 [March 4th, 2024]
- How Document Digitization, Process Automation Can Help Rebuild Trust - GovCIO Media & Research - March 4th, 2024 [March 4th, 2024]
- Iraq's Customs starts using ASYCUDA automation system in Umm Qasr - Iraqi News - March 4th, 2024 [March 4th, 2024]
- Robot Software Market: Powering the Future of Automation ,Analysis and Forecast 2023-2029 - WhaTech - March 4th, 2024 [March 4th, 2024]
- ImageSource Unveils ILINX AI for Intelligent Process Automation - PR Newswire - March 4th, 2024 [March 4th, 2024]
- The Evolving Landscape of APIs: Integration, Automation, and AI - EnterpriseTalk - March 4th, 2024 [March 4th, 2024]
- Gen AI isn't the only tech driving automation in banking - Finextra - March 4th, 2024 [March 4th, 2024]
- Navigating the Future: The Shift Towards Level 3 Automation in the Automotive Industry - Medriva - March 4th, 2024 [March 4th, 2024]
- Automation and Controls Market is Rapidly Growing with Huge Application Scope and Opportunities by 2030 - EIN News - March 4th, 2024 [March 4th, 2024]
- Winning the Game: Essentials skills to survive AI, LLMs and Automation - DataDrivenInvestor - March 4th, 2024 [March 4th, 2024]
- Industrial Metrology Market Set to Hit $17.96 Billion by 2030, Driven by Automation and Quality Demand - BNN Breaking - March 4th, 2024 [March 4th, 2024]
- Automation tools Archives - Milwaukee Community Journal - The Milwaukee Community Journal - March 4th, 2024 [March 4th, 2024]
- Industrial Automation Market to Receive Overwhelming Hike In Revenue That Will Boost Overall Industry Growth - EIN News - March 4th, 2024 [March 4th, 2024]
- Lutra AI launches to make building automated AI workflows easy - SiliconANGLE News - December 9th, 2023 [December 9th, 2023]
- AI meets materials science: the promise and pitfalls of automated discovery - VentureBeat - December 9th, 2023 [December 9th, 2023]
- SPS Fair 2023 - The Latest Industrial Automation Trends - IoT Analytics - December 9th, 2023 [December 9th, 2023]
- Top WorkTech News From the Week of December 8th: Updates from Infor, Automation Anywhere, IFS, and More - Solutions Review - December 9th, 2023 [December 9th, 2023]
- Nividous and RCG Global Services Focus on Empowering Healthcare and Life Sciences Organizations with Intelligent ... - PR Newswire - December 9th, 2023 [December 9th, 2023]
- Automation and Communication to Streamline Deliveries - Supply and Demand Chain Executive - October 27th, 2023 [October 27th, 2023]
- Future of Employment in an Era of Automation - Drishti IAS - October 27th, 2023 [October 27th, 2023]
- From legacy to automation: Spirent's impact on network validation - ETCIO - October 27th, 2023 [October 27th, 2023]
- Genghis Grill Partners with Flybuy on Off-Premises Automation - FSR magazine - October 27th, 2023 [October 27th, 2023]
- Q&A: Workday exec talks hospitality and automated, scalable finance - Smartbrief - October 27th, 2023 [October 27th, 2023]
- Home Automation Market Size to Worth Around USD 788.33 BN by ... - InvestorsObserver - May 15th, 2023 [May 15th, 2023]
- Network automation market set to surge over the next decade - ChannelLife Australia - May 15th, 2023 [May 15th, 2023]
- Mitsubishi Electric agrees strategic investment in Otto Motors to ... - Robotics and Automation News - May 15th, 2023 [May 15th, 2023]
- Roots Automation Introduces InsurGPT - the World's Most Advanced ... - PR Newswire - May 15th, 2023 [May 15th, 2023]
- Research Shows Ways Digital Print and Automation Power Profitability - Printing Impressions - May 15th, 2023 [May 15th, 2023]
- Rockwell Automation Inc. stock outperforms market on strong trading day - MarketWatch - May 15th, 2023 [May 15th, 2023]
- Is It Too Late To Consider Buying Presto Automation Inc. (NASDAQ:PRST)? - Yahoo Finance - May 15th, 2023 [May 15th, 2023]
- U.S. Companies Embrace Automation and Digitization - CPAPracticeAdvisor.com - May 15th, 2023 [May 15th, 2023]
- Byron Centers SpartanNash Ups Customer Service with Robotic ... - DBusiness - May 15th, 2023 [May 15th, 2023]
- Why KYC automation is key to business growth strategies - FinTech Magazine - May 15th, 2023 [May 15th, 2023]
- Leading Ireland & UK Industrial Automation company NeoDyne ... - Process & Control Today - May 15th, 2023 [May 15th, 2023]
- Automation Testing Market: Industry Overview, Size, Share and ... - Digital Journal - May 15th, 2023 [May 15th, 2023]
- Accelerate your speed of business with IBM Event Automation - IBM Newsroom - May 15th, 2023 [May 15th, 2023]
- 3M Brings Innovation to the Manufacturing Supply Chain Environment - MarketScale - May 15th, 2023 [May 15th, 2023]
- Jitterbit Survey Reveals Low-Code Application Platforms Play an ... - GlobeNewswire - May 15th, 2023 [May 15th, 2023]
- Turning value into actions: How leaders can use automation and AI ... - Elite Business Magazine - May 15th, 2023 [May 15th, 2023]
- Automation will combat stagnation | theHRD - The HR Director Magazine - May 15th, 2023 [May 15th, 2023]
- MG Tech Unveils New Palletizer with Yaskawa Cobot and Rockwell ... - Packaging Strategies - May 15th, 2023 [May 15th, 2023]
- How automation technology helped Cainiao deliver more than 200 ... - Parcel and Postal Technology International - May 15th, 2023 [May 15th, 2023]
- IT Priorities 2023: Business automation intensifies as data ... - ComputerWeekly.com - May 15th, 2023 [May 15th, 2023]
- Milking Automation Market Size, Share And Growth Analysis For 2023-2032 - EIN News - May 15th, 2023 [May 15th, 2023]
- Digitise your SMEs for Success: How can HR Automation empower you to Stay Ahead of the Game? - People Matters - May 15th, 2023 [May 15th, 2023]
- Verified acquires Pliance to compliment digital signatures with AML ... - Biometric Update - May 15th, 2023 [May 15th, 2023]
- HireVue acquires Modern Hire to bolster hiring automation capabilities - HR Dive - May 15th, 2023 [May 15th, 2023]
- Advanced thermal imager for industrial automation, inspection ... - AZoM - May 15th, 2023 [May 15th, 2023]
- Warehouse Automation Survey 2023: More robots are coming to a ... - Modern Materials Handling - May 15th, 2023 [May 15th, 2023]
- Agriculture Automation and Control Systems Market Untapped ... - Digital Journal - May 15th, 2023 [May 15th, 2023]
- Himachal Pradesh Government Prioritizes Digitization and ... - TheNewsHimachal - May 15th, 2023 [May 15th, 2023]
- An IT Executive's Guide to Automation - free eGuide - Neowin - May 15th, 2023 [May 15th, 2023]
- Are You Looking for a Top Momentum Pick? Why Rockwell Automation (ROK) is a Great Choice - Zacks Investment Research - February 20th, 2023 [February 20th, 2023]
- Industrial Automation Sensors Market is Predicted to Hit a Revenue of USD 37.76 Billion by Growing with a CAGR of 9.12% During 2022-2028; Growing... - February 20th, 2023 [February 20th, 2023]
- Declining Stock and Decent Financials: Is The Market Wrong About Honeywell Automation India Limited (NSE:HONAUT)? - Simply Wall St - February 20th, 2023 [February 20th, 2023]
- What is Automation? - ISA - International Society of Automation - February 5th, 2023 [February 5th, 2023]
- Free Online PLC Training from AutomationDirect - February 5th, 2023 [February 5th, 2023]
- Investing in Rockwell Automation (NYSE:ROK) five years ago would have delivered you a 65% gain - Simply Wall St - February 5th, 2023 [February 5th, 2023]
- The Robotic Process Automation (RPA) Market size was valued at USD 2.27 billion in 2021 and is predicted to reach USD 18.69 billion by 2030, with a... - January 10th, 2023 [January 10th, 2023]
- Bill would give North Dakota manufacturers a tax break on automation - The Center Square - January 10th, 2023 [January 10th, 2023]
- I just watched McDonald's next step into automation and why are you so mad about it? - ZDNet - January 10th, 2023 [January 10th, 2023]
- What if your colleague is a bot? Harnessing the benefits of workplace automation without alienating staff - The Conversation - January 10th, 2023 [January 10th, 2023]
- Will Hollysys Automation Technologies Ltd (HOLI) Stay at the Top of the Industrials Sector? - InvestorsObserver - January 10th, 2023 [January 10th, 2023]
- Valmet Oyj : to supply automation to three waste-to-energy plants in Sungnam City, Korea - Marketscreener.com - January 10th, 2023 [January 10th, 2023]
- How Automation Can Bridge The Gap Between Internal Operations And Customer Service Excellence - Forbes - December 26th, 2022 [December 26th, 2022]
- The Global Industrial Automation And Control Systems Market size is expected to reach $301.8 billion by 2028, rising at a market growth of 10.0% CAGR... - December 26th, 2022 [December 26th, 2022]
- Introducing the Automation Kit for Power Platform - December 16th, 2022 [December 16th, 2022]
- Salesforce com : Launches Automation Everywhere Bundle to Help Companies Lower Costs, Boost Productivity, and Deliver Success Now - Marketscreener.com - December 2nd, 2022 [December 2nd, 2022]
- ACE Convergence Acquisition Corp. and Tempo Automation, Inc. Announce Closing of Business Combination; Tempo Automation Holdings, Inc. to Trade on... - November 27th, 2022 [November 27th, 2022]
- Global automation major Diebold Nixdorf expands presence in India with Bengaluru facility - The Economic Times - November 27th, 2022 [November 27th, 2022]
- Structural Health Monitoring Market Report 2022: Increasing Requirement for Standardization and Automation for the Repair and Maintenance of Civil and... - November 19th, 2022 [November 19th, 2022]
- The mining automation market size is expected to grow from USD 3.1 billion in 2022 to USD 4.2 billion by 2027; it is expected to grow at a CAGR of... - November 19th, 2022 [November 19th, 2022]
- Cisco study: Network teams look to SDN, automation to manage multicloud operations - Network World - November 16th, 2022 [November 16th, 2022]
- Inductive Automation Forum - October 28th, 2022 [October 28th, 2022]
- Reveal Group Announces New Office Opening in Toronto, Canada to Amplify Growth and Continue to Support Intelligent Automation Program Customers Across... - October 25th, 2022 [October 25th, 2022]