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ARTICLE · 28 MAY 2020

"Delivery Failed": Shopping Notification Patent Lost Under § 101

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Electronic Communication Technologies. v. Shopperschoice.com, No. 2019- 1587 (Fed. Cir. May 14, 2020), the Federal Circuit affirmed the district court's grant of ShoppersChoice's ...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Elizabeth Ferrill
Elizabeth Ferrill
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In Electronic Communication Technologies. v. Shopperschoice.com, No. 2019- 1587 (Fed. Cir. May 14, 2020), the Federal Circuit affirmed the district court's grant of ShoppersChoice's motion for judgement on the pleadings, finding that the challenged claim of U.S. Patent No. 9,373,261 ("the '261 patent") is ineligible under 35 U.S.C. § 101.

Claim 11 of the '261 patent relates to an "automated notification system" that enables communication regarding service or goods delivery.  The district court found the claim patent ineligible, concluding that it was directed to an abstract idea and recited only generic computer components configured to perform conventional functions.

On appeal, under Step One of the two-step Alice/Mayo eligibility framework, the Federal Circuit agreed with the district court that claim 11 was directed to the abstract idea of "providing advance notification of the pickup or delivery of a mobile thing."  In doing so, the Court rejected

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