Weisner v. Google, LLC, No. 21-2228 (Fed. Cir. 2022)
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A named inventor of four related patents sued Google for infringement. The patents generally describe ways in which individuals and businesses can exchange information. As individuals go about their day, they may record the URLs or business cards of those they encounter along with the time and place of the encounters, either by accepting a proposal from another person or business or by unilaterally making an entry. The district court dismissed, finding all of the asserted claims ineligible under 35 U.S.C. 101.
The Federal Circuit affirmed in part, finding two patents directed to an abstract idea. The purported benefit of limiting data accumulation to members is not captured in the claims and does not shift the focus of the claims away from the abstract idea of creating a digital travel log. The claims rely on the use of existing technology to create computerized travel logs and do not focus on a specific means or method that improves the relevant technology. The court reversed in part. The district court erred in failing to separately analyze two patents. Weisner plausibly alleged that those claims recite a specific implementation of the abstract idea that purports to solve a problem unique to the Internet; these claims should not have been held ineligible at this stage.
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