Wireless Data Patent Asserted by Sisvel and Dutch Telecom Provider Invalidated Under Alice

March 26, 2018

Delaware District Judge Leonard P. Stark has ruled that a wireless data patent asserted against a host of mobile device makers—including BlackBerry, HTC, Lenovo, LG Electronics (LGE), and TCL—is invalid under Alice. Judge Stark’s March 22 opinion acknowledged the Federal Circuit’s recent decision in Aatrix Software v. Green Shades Software, which bars a Rule 12 Alice decision on subject matter eligibility when factual disputes remain over a patent’s inventiveness, but the court’s Section 101 analysis otherwise focused on issues of law as in pre-Aatrix cases. The invalidated patent is one of several at issue in a campaign jointly waged by patent monetization and licensing firm Sisvel International S.A. and Koninklijke KPN N.V., a telecom provider based in the Netherlands.

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