Cloud Computing Management Patent Directed to Abstract Idea​

The magistrate judge recommended denying without prejudice defendants' motion to dismiss on the ground that plaintiff’s cloud computing management patent encompassed unpatentable subject matter, but found that the claims were directed toward an abstract idea. "[T]he Court determines that 'setting up and managing a cloud computing environment' is in fact an abstract idea. That concept -- without more -- appears to implicate an idea that is 'devoid of a concrete or tangible application[,]' or 'untethered from real-world application.' Nor has Plaintiff . . . sufficiently explained why considering the idea to encompass a 'cloud' environment would, on its face, necessarily conjure to mind sufficiently concrete structure or applications that would take the concept out of the realm of an abstract idea."

Kaavo Inc. v. Amazon.com, Inc. et al, 1-15-cv-00638 (DED November 3, 2016, Order) (Burke, MJ)