I. INTRODUCTION When patent claims merely cover an abstract idea without any inventive concept, they are invalid under 35 U.S.C. § 101. The ’054 patent and ’933 patent both cover the abstract idea of wirelessly transferring data, which is unpatentable under § 101. Stripped of their superfluous verbiage, the independent claims of both patents seek to monopolize the abstract idea of wirelessly transferring data. Using results-based functional language, the claims recite the logical sequence of steps necessary to transfer data wirelessly, i.e., selecting data to transfer, finding and selecting a recipient, establishing a wireless connection to the recipient, and transferring the data. Wirelessly transferring data is a quintessential abstract idea and has been a longstanding practice for centuries. Since the 1890’s ships at sea have relied on wirelessly transferring data via radios to replace carrier pigeons and flags for communication.
Apart from the requirements to use certain preexisting wireless data transfer protocols (i.e., Bluetooth and WiFi) and generic components (i.e., processors and circuitry), the claims of the ’054 and ’933 patents cover nothing more than the same abstract idea embodied in radio transmissions for more than a hundred years. And the inclusion of conventional wireless data transfer protocols and generic components cannot transform these results-based functional claims into patent-eligible subject matter.
The Federal Circuit repeatedly holds that claims drawn to wirelessly transferring data recite nothing more than an abstract idea. And when those claims lack an inventive concept—as with the claims here—those claims are held invalid under 35 U.S.C. § 101. The Court and parties should not bear the needless waste of time and resources litigating these invalid patents.
Therefore, because the patents claim unpatentable subject matter, they should be held invalid and dismissed with prejudice.