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ARTICLE · 27 APRIL 2023

Branding Function Patent Yet Another 1[01] To Bite The Dust

McDermott Will & Emery
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Sanderling owns three patents, each titled "Dynamic Promotional Layout Management and Distribution Rules."

United StatesIntellectual Property
Thomas DaMario
Thomas DaMario

Addressing the patentability of claims directed to digital image branding functions, the US Court of Appeals for the Federal Circuit affirmed a district court's determination that claims across three related patents were invalid under 35 U.S.C. § 101 for lacking patent-eligible subject matter. Sanderling Mgmt. Ltd. v. Snap Inc., Case No. 21-2173 (Fed. Cir. Apr. 12, 2023) (Chen, Cunningham, Stark, JJ.)

Sanderling owns three patents, each titled "Dynamic Promotional Layout Management and Distribution Rules." The three patents share a common specification and are generally directed to a method using distribution rules to load digital imaging branding functions to users when certain conditions are met. The specification explains that a distribution rule is "a rule used in determining how to target a group of end users, for instance, a rule that determines that only a group of end users having certain characteristics and/or match a certain requirement."

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