Enfish Does Not Save Patent Asserted Against Amazon, Facebook, Google, and HomeAway, Court Rules

August 12, 2016

A Texas court has declined to overturn its Alice invalidation of an email patent (7,010,572) asserted by A Pty Ltd. against Amazon (1:15-cv-00154), Facebook (1:15-cv-00156), Google (1:15-cv-00157), and HomeAway (1:15-cv-00158). In multiple orders issued on August 9, District Judge Robert Pitman denied motions for relief from final judgment filed by the Australian NPE, which had argued that the Federal Circuit’s opinion in Enfish v. Microsoft required a different Section 101 analysis than the one used by the district court. However, Judge Pitman’s August 9 ruling characterized Enfish as a mere clarification of Alice, as opposed to A Pty Ltd’s argument that Enfish was a rejection of Alice’s “previous analytical approach” as “flawed”. Since Enfish “did not depart from this framework”, Judge Pitman concluded, there was no basis for revisiting the earlier ruling.

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