Chrimar Systems, Inc. d/b/a CMS Technologies et al v. Alcatel Alsthom SA et al, 6-15-cv-00163 (TXED July 29, 2016, Order) (Love, M.J.)
Tuesday, August 2, 2016
Network Device Management Patents Not Invalid Under 35 U.S.C. § 101
The court denied defendants' motion for summary judgment that plaintiff’s network device management patents encompassed unpatentable subject matter and found that the patents were not directed toward an abstract idea. "Defendants contend that the patents-in-suit claim the ability 'to measure impedance . . .' or 'a magnitude of direct current . . .' and '"distinguish" or "convey information" about the device based on the measured value.' . . . Simply because the claims require distinguishing information associated to impedance within the path does not mean the claim is abstract or could be performed entirely by a mental act. Indeed, the distinguishing information associated to impedance occurs over the claimed Ethernet wire path in the specific manner claimed. Defendants’ primary argument is that there is no structure recited to perform the association of the impedance within the claimed path. But Defendants fail to explain how this portion of the claim renders the entire claim abstract. . . . Moreover, the claimed invention is directed to resolving an Ethernet network specific problem — to provide a means for asset identification that does not use existing network bandwidth and therefore allows identification even in the absence of power."