Blue Calypso, LLC. v. Groupon, Inc., No. 15-1391 (Fed. Cir. 2016)
Annotate this CaseThe Blue Calypso Patents are all related and describe a peer-to-peer advertising system that uses mobile communication devices. At the request of Groupon, the Patent Trial and Appeal Board instituted Covered Business Method (CBM) review of the Blue Calypso Patents under the Leahy-Smith America Invents Act (AIA).The Board found certain claims unpatentable under either 35 U.S.C. 102, 103, or 112. The Federal Circuit affirmed that the patents are CBM patents that do not claim a technological invention and that certain claims were anticipated, but reversed the Board’s conclusion that the claim terms “endorsement tag” and “token,” as used in the 516 patent lack written description support.
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