Spotlight On Upcoming Oral Arguments – May 2020

The following telephone arguments will be available to the public live. Access information will be available by 9 AM ET each day of argument at:  http://www.cafc.uscourts.gov/public-access-arguments. 

Monday, May 4, 2020

Electronic Communication v. ShoppersChoice.com, LLC, 19-2087, teleconference

This appeal centers on whether the district court abused its discretion by not classifying this case as exceptional under 35 U.S.C. § 285 and not awarding attorneys' fees to appellant ShoppersChoice. The district court invalidated Electronic Communication's (ECT) claim 11 of U.S. Patent No. 9,373,261 (the "'261 patent") and granted ShoppersChoice a judgment on the pleadings. The court held that the claim, relating to an automated notification system, was directed to an abstract idea under 35 U.S.C. § 101 and that the elements of the claim did not transform it into patent-eligible subject matter. ShoppersChoice then filed a motion for attorney's fees under § 285, and the