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Posted On: 03/29/2018 12:40:31 PM
Post# of 82686
Love this part--misapplied Supreme Court's two-step Alice framework!
The Asserted Claims of U.S. Patent Nos. 7,870,599 (“’599 Patent”), 8,484,698 (“’698 Patent”), and 8,713,701 (“’701 Patent”) (together, the “Asserted Patents”) are directed to a unique technical architecture and invention—a particular system and method of completely “out-of-band” authentication—designed to protect and secure online systems. In finding these claims not patent-eligible under 35 U.S.C. § 101 at the pleadings stage, the district court over-generalized and mischaracterized the invention and misapplied the Supreme Court’s two-step Alice framework. This Court should reverse that improper dismissal.
The Asserted Claims of U.S. Patent Nos. 7,870,599 (“’599 Patent”), 8,484,698 (“’698 Patent”), and 8,713,701 (“’701 Patent”) (together, the “Asserted Patents”) are directed to a unique technical architecture and invention—a particular system and method of completely “out-of-band” authentication—designed to protect and secure online systems. In finding these claims not patent-eligible under 35 U.S.C. § 101 at the pleadings stage, the district court over-generalized and mischaracterized the invention and misapplied the Supreme Court’s two-step Alice framework. This Court should reverse that improper dismissal.
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