In an R&R this week, Judge Fallon recommended granting a § 101 12(b)(6) motion to dismiss.
She rejected a proffered expert declaration regarding novelty of the invention, because "the court declines to consider matters outside the pleadings on a Rule 12 motion to dismiss."
She noted that "[t]he law is now well-established that patent eligibility is a threshold issue." So far she has recommended granting three § 101 motions to dismiss this year, out of four that she has addressed.
The § 101 issues addressed here were not unusual. The patent, originally held by LG and now by NPE Aegis 11 S.A., sets forth an algorithm for using random numbers to authenticate mobile phones and the cellular networks they connect to.
The Court found that the claim at issue uses functional language and is not limited to any particular way of performing the authentication, other than the conventional technique of using random numbers. Thus, it failed both Alice steps.
If you enjoyed this post, consider subscribing to receive free e-mail updates about new posts.
