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ARTICLE · 06 NOVEMBER 2019

D. Utah: Cellspin Not Section 101 Intervening Law

Holland & Knight
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The court disagreed with Simio.

United StatesIntellectual Property
Anthony Fuga
Anthony Fuga
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This summer, the District of Utah dismissed Simio's lawsuit against Flexsim Software, finding that the asserted patent was not patent eligible under Section 101. Simio responded by asking the court to vacate its judgment or, alternatively, allow Simio leave to file an amended complaint based on the Federal Circuit's Cellspin v. Fitbit decision. Simio argued that new factual allegations in its proposed amended complaint ought to prevent the court from dismissing the case. The court disagreed with Simio.

The court first noted that while it could allow Simio to amend its complaint, an amendment could not "transform the deficient patent claim from one drawn to an ineligible software system to one directed toward an eligible machine."

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