Data Scape Limited continues to reorder its cloud computing campaign in the wake of a May 17, 2019 order from the Central District of California invalidating four challenged patents under Alice. District Judge David O. Carter ruled that those patents are patent-ineligibly directed to the abstract idea of “data storage, transfer, and processing”, prompting the NPE, that next week, to file voluntary dismissals and new complaints against previous defendants Amazon, Box, Dell, Dropbox, Pandora, Spotify, and Teradata and to file separate complaints against new defendants Apple and Verizon. This past week, Data Scape added Citrix (2:19-cv-04667) to that first list, dismissing without prejudice a December 2018 complaint while filing a new one that asserts a single, newly issued patent, not litigated prior to the Alice invalidation.
Irish NPE Data Scape Limited has hit a snag in its ongoing cloud computing campaign with the invalidation of four of its patents under Alice. In an order issued on May 17, District Judge David O. Carter of the Central District of California granted a Rule 12 challenge filed by defendant Western Digital, holding that the four patents are invalid as directed to the abstract idea of “data storage, transfer, and processing” without the addition of an inventive concept. The patents just invalidated are at issue throughout the campaign, and Judge Carter’s ruling has already prompted the plaintiff to file a series of new complaints asserting patents not yet invalidated—including one asserted for the first time.