Texas Judge Rejects Social Media Patent Under Alice Amidst Broader Downturn in Section 101 Invalidation Rates

  • July 26, 2019
  • E-Commerce and Software, Patent Litigation Feature

The Northern District of Texas has invalidated a social media patent asserted by NetSoc, LLC against IAC/InterActiveCorp (Humor Rainbow (d/b/a OKCupid), Match Group, PlentyOfFish Media), a relatively rare Alice ruling in a venue that has historically seen far less patent litigation than some of its sister districts. On July 22, District Judge David C. Godbey ruled that the sole patent-in-suit is ineligible as directed to the abstract idea of “presenting results of data collection and analysis” without the addition of an inventive concept. Judge Godbey’s ruling runs counter to a notable, recent shift in Section 101 invalidation rates—which have dropped significantly since the Federal Circuit’s February 2018 rulings in Berkheimer and Aatrix, as detailed in RPX’s recent second-quarter update.

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