Evolved Wireless, LLC v. Apple Inc., 1-15-cv-00542 (DED October 31, 2016, Order) (Robinson, USDJ)
Wednesday, November 2, 2016
Wireless Communications Patents Not Ineligible Under 35 U.S.C. § 101
The court denied defendants' motion for judgment on the pleadings on the ground that plaintiff’s wireless communications patents encompassed unpatentable subject matter because the claims were not directed toward abstract mathematical algorithms. "Claims 'improv[ing] the functioning of [a] computer' or 'improving an existing technological process' are patent-eligible even if they rely on a mathematical algorithm. . . . The [two] patents describe problems and solutions firmly rooted in technology used for wireless communications. Specifically, [one] patent explains that the number of code sequences available in the prior art to maintain orthogonality was 'limited.'. . . Similarly, the [other] patent describes several problems in the prior art with transmitting preamble sequences over a random access channel. Specifically, prior art systems used a preamble of fixed length, limiting flexibility under different cell sizes. . . . Because the [two] patents are directed to technological improvements resolving specific problems in a wireless communications system, the court finds that they claim patent-eligible subject matter under § 101."