Tuesday, February 9, 2016

Cloud Computing Patent Invalid Under 35 U.S.C. § 101

The magistrate judge recommended granting in part defendants' motion to dismiss because certain asserted claims of plaintiff’s cloud computing patent encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea. "The Court concludes that 'setting up and managing a cloud computing environment' does, in fact, amount to an abstract idea. The concept implicates an idea 'having no particular concrete or tangible form' and that is 'devoid of a concrete or tangible application.'. . . Plaintiff's position here seems to be that '[m]anagement of cloud computing environments [have] only recently emerged as a technological innovation[,]' and are not as 'longstanding' a commercial practice as other forms of computing system or resource management. But nowhere have courts concluded that a patent claim cannot be directed to an abstract idea if the claim relates to a field that is of somewhat recent vintage."

Kaavo Inc. v. Cognizant Technology Solutions Corporation, 1-14-cv-01192 (DED February 5, 2016, Order) (Burke, M.J.)

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