Cisco Systems, Inc. v. Uniloc 2017 LLC

Docket No. 2019-2048
MOORE, O’MALLEY, TARANTO
May 13, 2020
Non-Precedential

Brief Summary: DC finding of patent ineligibility under § 101 affirmed (abstract idea since claim includes “no specific asserted improvements”).

Summary: Uniloc appealed DC finding that claim 6 of US 6,980,522 relating to a radio communication system with “a plurality of stations capable of forming an ad-hoc network” ineligible under § 101. Under the Alice (US 2014) eligibility framework, the DC found “that the claims were directed to the abstract idea of ‘ranking stations based on antenna performance characteristics and selecting the station with the highest rank to act as master in a network’” and “lacked an inventive concept as ‘neither the claim nor the specification provides for implementation of the abstract idea using anything other than existing, conventional technology.’” The FC panel agreed with the DC that the claim covers an abstract idea since, e.g., “[t]he general recitation of the familiar concepts of ranking and selecting leaves the claimed method ‘untethered to any specific or concrete way of implementing it’” (Affinity Labs, FC 2016). Uniloc argued that the claimed method is directed “to an improvement in the computer network or network functionality” (citing Uniloc, FC 2020; Customedia, FC 2020; Finjan, FC 2018), but the FC panel disagreed (“Here there are no specific asserted improvements.”; citing Finjan, FC 2018 (“‘behavior-based virus scan’ provided greater computer security”); SRI, FC 2019 (“a specific technique for improving computer network security”); Data Engine, FC 2018 (“specific method for navigating through three-dimensional electronic spreadsheets”); Thales Vision, 850 F.3d 1343 (2017) (“more accurately calculate the position and orientation of an object on a moving platform”))). Uniloc also argued the DC’s dismissal was incorrect because Uniloc “presented ‘specific, plausible factual allegations’ about why the invention…was not conventional’” as it “involves dynamically analyzing relative rankings of antenna performance” and “effectuat[ing] a hand-off of the master station”. The FC panel disagreed since the disputed claim does not include these limitations and the argument are “sweeping conclusory statements” (In re Gilead, 9th Cir. 2008). Regarding Alice’s step two (“whether the additional elements ‘transform the nature of the claim’ into a patent-eligible application”), the FC panel agreed with the DC that “neither the claim nor the specification provides for implementation of the abstract idea using anything other than existing, conventional technology” which was not disputed by Uniloc. Thus, the DC decision was affirmed.

Patrick Halloran

Pat has a Ph.D. in Microbiology and Immunology from The University of Health Sciences / The Chicago Medical School (now the Rosalind Franklin Institute (North Chicago, IL) (1994)). He also completed post-doctoral studies at The National Cancer Institute (1994-1996) where he developed novel…

Pat has a Ph.D. in Microbiology and Immunology from The University of Health Sciences / The Chicago Medical School (now the Rosalind Franklin Institute (North Chicago, IL) (1994)). He also completed post-doctoral studies at The National Cancer Institute (1994-1996) where he developed novel approaches for gene therapy of melanoma. Pat has been an attorney (IL) since 1999 after graduating from Chicago-Kent College of Law, which was recently ranked as one of the top five law schools for Intellectual Property in the U.S. (U.S. News and World Report link). Pat also has a B.A. in Biology from Augustana College (Rock Island, IL; 1989) where he was on two NCAA Division III National Championship football teams (1985, 1986). He currently resides in Center Valley, PA.