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

Cases in Ubicomm’s biggest campaign keep trickling in with Christopher & Banks, S&S, and Walmart as the newest defendants. Each case in the campaign asserts a single patent related to relates to triggering events in a computing system and describes applications for location-based, contextual computing (5,603,054). Ubicomm alleges that defendants’ websites send reminder emails to customers to let them know they have items in an online shopping cart and that those services infringe the patent-in-suit. The asserted patent was acquired from Xerox in February 2013. Ubicomm’s campaign has grown to over 60 cases since it was launched in May 2013. 11/6, District of Delaware, 1:13cv01855, 11/7, District of Connecticut, 3:13cv01655, 11/8, District of Delware, 1:13cv01876