Mobile Telecommunications Technologies, LLC v. Leap Wireless International, Inc. et al, 2-13-cv-00885 (TXED September 23, 2015, Order) (Payne, M.J.)
Friday, September 25, 2015
Paging Carrier Transmission Patent Not Invalid Under 35 U.S.C. § 101
The court denied defendants' motion for judgment on the pleadings that plaintiff's paging carrier transmission patent was invalid for lack of patentable subject matter and found that the patent was not directed toward an abstract idea. "[Defendant] contends that [the patent-in-suit] 'covers the abstract idea of selecting the transmission frequencies for multi-carrier transmission via a mathematical formula.'. . . Transmitting 'paging carriers' from 'the same location' and modulating their transmission frequencies is not an abstract idea in the vein of 'a fundamental economic practice.'. . . [Defendant] has cited no authority that holds that when an otherwise patent-eligible claim is expressed as a mathematical formula, the claim becomes patent-ineligible under § 101. . . . The fact that some requirements of a claim can be rewritten in the language of mathematics does not inherently mean that the claim is directed to an abstract idea because '[a]t some level, "all inventions … embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas."'"