DSS Inc (DSS)

[EMI24]

Trust me, I have read the report several times and did not find and answers. Again, this report, while helpful in its detailed explanations of the patents and how they are allegedly infringed, was drafted well before the 101 issues came into distinct focus. From a practical standpoint, the answer cannot be the patents cover all social media such that you cannot create a social media network without infringing the patents. Right or wrong, I can't see any court giving protection to such a broad patent. Thus, not only does DSS need to prove that the patents provide an inventive step beyond the abstract linking / connecting concepts, it needs to establish that they are in fact limited in nature (while at the same time not eviscerating its infringement claims). Definitely not an easy task, but is theoretically doable. One more thing to note, which no one has yet discussed, is that there are 6 patents at issue in the suit -- and each one needs to be analyzed individually. It is certainly possible that the judge could throw certain of the patents out under 101 but allow others to proceed as valid. All a plaintiff needs is one claim of one patent to be found infringed to obtain money damages, and thus if any of the patents survive the 101 hearing it would be a huge win for DSS. As such, I expect FB's brief to mostly discuss the patents together as a group, which DSS should painstakingly analyze each of the patents individually in arguing that each one is valid under 101.