Finding a Patent Obvious Using Common Sense Requires Reasoning Articulated with Clarity

Judges: Linn (author), Dyk, Prost
[Appealed from S.D. Fla., Senior Judge Ryskamp]

In Perfect Web Technologies, Inc. v. InfoUSA, Inc., No. 09-1105 (Fed. Cir. Dec. 2, 2009), the Federal Circuit agreed with the district court that the claims of U.S. Patent No. 6,631,400 ("the '400 patent") were obvious, holding that an obviousness analysis may include recourse to logic, judgment, and common sense when its reasoning is sufficiently articulated. Accordingly, the Federal Circuit affirmed the district court's SJ ruling of invalidity.

Perfect Web Technologies, Inc. ("Perfect Web") owns the '400 patent, which claims a four-step method of managing bulk e-mail distribution to groups of targeted consumers. Step (A) matches a target recipient profile with a group of target recipients, step (B) transmits bulk e-mails to the target recipients, and step (C) calculates the number of successfully received e-mails. The final step (D) repeats steps (A)-(C) until a minimum quantity of