Location Based Services, LLC v. Niantic, Inc., 5-17-cv-04413 (CAND December 19, 2017, Order) (Cousins, MJ)
Thursday, December 21, 2017
Asserted Claims of Pokemon GO Mapping Patents Invalid Under 35 U.S.C. § 101
The court granted defendant's motion to dismiss because the asserted claims of plaintiff’s Pokemon GO mapping patents encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea. "[T]he Court is persuaded that claim 1 is abstract. The claim is best described as a method for: (1) receiving a request for a specific map, (2) determining information about the requested locations based on rules associated with the location, and (3) communicating on the map whether a person may or may not enter the location based on those rules. The Court agrees with [defendant's] assessment that the 'rules' in practice are nothing more information that can be analyzed by a generic computer, or by the human brain. This claim is thus directed to the receipt, processing, and display of data. . . . Even limiting the claim to permitted traverses or visits to locations, the claim would still be abstract because it encompasses a mental process and is directed to the analysis of information."
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