Image Capture and Transfer Campaign Keeps Rolling Past Repeated Alice Motions

March 4, 2019

As Sapphire Crossing LLC adds to its litigation campaign a case against SAP (Concur) (1:19-cv-01442) in the Northern District of Illinois and two other cases, one each against Kellogg (1:19-cv-00415) and WageWorks (1:19-cv-00416) in the District of Delaware, existing defendants in the latter forum have established a pattern. HealthEquity, Intuit, Quotient, WEX Health, Visa, and Xero have all answered Sapphire Crossing’s complaint but have also filed concurrent motions to dismiss, which challenge the few claims of the patent-in-suit left standing after an earlier inter partes review (IPR) under Alice. The motions are nearly identical, identifying the putative abstract idea to which the image transfer patent is patent-ineligibly directed as “data recognition and transfer”. If recent past is precedent, those suits will likely reach a resolution before the court addresses any of the motions filed.

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