Tuesday, February 15, 2011

Web Commerce Claims Incorporating "Integrated Database Management" Element Are Not Invalid Under Bilski

The court denied defendants' motion for summary judgment that plaintiff's web commerce patents were invalid for failure to claim patentable subject matter under Bilski v. Kappos, 130 S. Ct. 3218, 3226 (2010). "[T]he present invention is a method for business-to-business Web commerce between businesses and within businesses involving an automated business-to-business web commerce system using an integrated database management system (DBMS). . . . [T]he Court cannot find that the claims at issue, each incorporating the specially programmed DBMS as a claim element, exhibit abstractness so manifestly as to override the overall inclusiveness of § 101 emphasized by the [Research Corp. Technologies, Inc. v. Microsoft Corp., 627 F.3d 859 (Fed. Cir. 2010)] court. . . . The claims do not merely invoke the 'internet' as an postsolution limitation; instead, the claims rely upon a constantly-updating database, specially programmed, that is accessible from any internet-enabled computer so that distant businesses and offices may receive, process, track, and input business activity instantaneously. The DBMS element in each of these claims supports the view that the claims do not merely incorporate it as insignificant postsolution activity."

Big Baboon Corporation v. Dell, Inc., 2-09-cv-01198 (CACD February 8, 2011, Order) (Wilson, J.)

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