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ARTICLE · 05 OCTOBER 2018

Abstract Idea Restated As Unconventional Is Still Abstract

McDermott Will & Emery
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In a case refining the analysis for subject matter eligibility under 35 USC § 101 ...

United StatesIntellectual Property
Kalpesh V. Upadhye
Kalpesh V. Upadhye
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In a case refining the analysis for subject matter eligibility under 35 USC § 101, the US Court of Appeals for the Federal Circuit explained that an unconventional feature that restates what has been identified as abstract is not sufficient to satisfy the second step of the Alice/Mayo eligibility analysis. BSG Tech LLC. v. BuySeasons, Inc., Case No. 17-1980 (Fed. Cir. Aug. 15, 2018) (Hughes, J).

BSG Tech sued BuySeasons for infringement of several patents related to systems and methods for indexing information stored in wide access databases. BuySeasons sought dismissal, arguing that none of the asserted patent claims were patent eligible under § 101. After the district court held all asserted claims invalid as ineligible under § 101, BSG appealed.

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