Judge Andrews grants in part § 101 motion to dismiss.

Judge Richard G. Andrews recently granted in part a defendant’s motion to dismiss for failure to claim patent-eligible subject matter under § 101.  Pragmatus Telecom, LLC v. Genesys Telecomm. Labs., Inc., C.A. No. 14-26-RGA (D. Del. July 9, 2015).  At issue were four patents sharing a common specification relating to “controlling communication between customers and organizations using certain computer systems.”  As Judge Andrews explained, the “specification demonstrates that the claims [of the purportedly representative ‘314 Patent] are directed to the abstract idea of connecting customers to call centers.”  Id. at 11.  In describing the claims, the Court drew an analogy to a customer calling a business and identifying himself, then dialing certain numbers to be transferred either to “help” or an “operator” or to leave a voicemail.  Id. at 12-13.  Judge Andrews explained, “[t]o allow such a claim would preempt the fundamental concept of customers communicating with businesses, and more specifically customers communicating with call center agents.”  Id. at 14.  The Court added, “the claim does not contain an inventive concept to transform the abstract idea into patent-eligible subject matter.”  Id.  The defendant sought to also invalidate the three other patents, based on the invalidation of the purportedly representative ‘314 Patent, but Judge Andrews explained, “the Court will only deal with the patent eligibility of the claims of the ‘314 Patent.  If Defendants wish to challenge the other patents under § 101, they must actually provide analysis for this position.”  Id. at 9.

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