IP Litigator Runs Rash, Hladik Article on Infringement Claims and Online Video Streaming
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IP Litigator has published “District Court Dismissed Infringement Claims Regarding Online Video Streaming Because the Patents Recited Patent-Ineligible Abstract Ideas,” an article by Akin intellectual property partner Brandon Rash and associate Lisa Hladik. The article originally appeared on Akin’s IP Newsflash blog (click here to read).
The authors examine a motion to dismiss plaintiff’s complaint granted earlier this year by a judge in the Southern District of New York in the case Diatek Licensing LLC v. AccuWeather, Inc.
The judge granted the motion because “the patents-in-suit are directed to patent-ineligible subject matter under 35 U.S.C. § 101.” The patents (Nos. 7,079,752 and 8,195,828), they write, are directed to online video streaming, and the court found the claims unpatentable because they recite abstract ideas of reformatting and recording data and transmitting audiovisual data.
The authors then dive into the elements of the suit and the details of the ‘752 patent and the ‘828 patent. They close by noting, “Patent Owners should avoid describing and claiming the advance over the prior art in purely functional terms in a result-oriented way that amounts to encompassing the abstract solution no matter how implemented.”
To read the full article as published in IP Litigator, click here.
