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Monterey2000

10/11/23 6:27 PM

#431681 RE: my3sons87 #431679

My3sons87...it is in the Federal Circuit Court of North Carolina. The filings can be accessed from the following link. See filing# 13 and filing# 14.
North_Carolina_Eastern_District_Court 5--23-cv-00493

From Filing# 14...

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.