Fresh From the Bench: Latest Precedential Patent Case
CASE OF THE WEEK
Mobile Acuity Ltd. v. Blippar Ltd., Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024)
In its only precedential patent opinion last week, the Federal Circuit confirmed the invalidity of all claims of two asserted patents as abstract under Section 101. Although the Section 101 analysis follows a long line of cases, the procedural aspects of this case sounded a cautionary note to patent plaintiffs and their counsel about the practice of using representative claims in litigation.
Mobile Acuity sued Blippar for infringing two patents titled “Storing Information for Access Using a Captured Image.” In general, the patents disclosed methods and devices relating to “storing information so that it can be accessed using a captured image.” In its complaint, Mobile Acuity alleged that Blippar had infringed “one or more claims” of the patents. The Court issued a scheduling order, under which the parties were free to amend the pleadings up to a date certain.
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe, Williamson & Wyatt, P.C.
Jason A. Wrubleski, Shareholder