Certusview Technologies, LLC v. S & N Locating Services, LLC et al, 2-13-cv-00346 (VAED August 10, 2016, Order) (Davis, USDJ)
Friday, August 12, 2016
Enfish Does Not Require Reconsideration of Earlier Unpatentability Decision
The court denied plaintiff's post-Enfish motion to reconsider an earlier order granting defendants' motion for judgment on the pleadings that plaintiff's underground location patent was invalid for lack of patentable subject matter because Enfish did not alter the court's previous analysis. "[U]nlike the patent-eligible claims at issue in [Enfish, LLC v. Microsoft Corporation, 822 F.3d 1327 (Fed. Cir. 2016)], which were 'directed to specific implementation of a solution to a problem in the software arts,' Claim 1 of the [patent-in-suit] is directed to patent-ineligible subject matter because the technological solution such claim purports to advance is the process of gathering and saving information of a specified kind, related to a locate operation, and 'not any particular assertedly inventive technology for performing those functions.'"