Wednesday, May 18, 2011

Formatting and Transmitting Data Does Not Satisfy Bilski Machine or Transformation Test

The court granted defendant's motion to dismiss for failure to state a claim and concluded that plaintiff's patents did not satisfy the transformation prong of the machine-or-transformation test under In re Bilski, 130 S. Ct. 3218 (2010). "The [patents-in-suit] claim processes involving the extraction of information entered into and stored in a document or file and the formatting and transmission of that information to an application program. . . . [T]he data at issue in the [patents] does not change forms -- it is merely transferred from one format -- a document or file -- to another -- the application program. The data itself remains the same. As a result, a transformation cannot be said to have taken place as a result of the patented process."

Glory Licensing LLC v. Toys "R" Us, Inc., 2-09-cv-04252 (NJD May 16, 2011, Order) (Hochberg, J.).

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