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Ubicomm Patent Invalidated

November 21, 2013

Zappos’ motion to dismiss in a case brought by Ubicomm was successful and may affect other cases against defendants accused of infringing the same patent (5,603,054). In a ruling granting the motion to dismiss, the court found all claims in Ubicomm’s asserted patent unpatentable as describing abstract concept without sufficient limitation. The court determined that independent claim 1 was directed towards an unpatentable abstract idea and that dependent claims 2-8 only added data gathering steps which were not sufficient to make them valid given their direction towards unpatentable abstract ideas. The complaint against Zappos in which Ubicomm accused the company’s website of infringing the asserted patent was dismissed. Ubicomm has filed more than 60 cases since it began filing litigation in May 2013 and each case asserts the ‘054 patent. Most of those cases are still active although not all are located in the same district where the Zappos decision was made. 1:13cv01029


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