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ARTICLE · 04 MAY 2017

Intellectual Ventures Loses Claims Based On § 101, Collateral Estoppel, Standing

In the Capital One case, IV asserted a patent that was also involved in a lawsuit in the Southern District of New York.

United StatesIntellectual Property

In a pair of decisions handed down on the same day by Chief Judge Prost, the US Court of Appeals for the Federal Circuit struck down a raft of claims on the basis of various doctrines, including patent ineligibility, collateral estoppel and standing. Intellectual Ventures I LLC v. Capital One Financial Corp., Case No. 16-1077 (Fed. Cir., Mar. 7, 2017) (Prost, CJ); Intellectual Ventures I LLC v. Erie Indemnity Co., Case No. 16-1128 (Fed. Cir., Mar. 7, 2017) (Prost, CJ).

The cases involved overlapping patents related to data filtering and processing, three of which the Federal Circuit discussed from a technical point of view. Two of those patents related to XML technology, a flexible mark-up language used for formatting documents and tagging databases, and covered claims related to editing XML documents in a way that resolved cross-system compatibility issues and filtering XML tagged databases. The final patent covered a file bookmarking system that allowed users

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