Judge Robert L. Pitman Grants Judgment to Klarquist Client eBay, Inc.

Published March 3, 2016

On February 29, 2016, Judge Robert L. Pitman of the Western District of Texas granted judgment on the pleadings to Klarquist client eBay, Inc., finding U.S. Patent No. 7,010,572 invalid under 35 USC § 101 for failing to claim patent-eligible subject matter. Judge Pitman held that the asserted claims failed the Supreme Court’s two-part Alice test for claiming patent-eligible subject matter because they recited the abstract idea of an address directory (using information in a message’s destination address to look up the recipient’s correct email address), and did not add “significantly more” to the abstract idea.