MYMAIL, LTD. v. OOVOO, LLC

  • Aug 16 2019
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  • Category: CAFC Updates

MyMail appeals the District Court’s decision granting ooVoo’s motions for judgment on the pleadings in MyMail’s suit for infringement of U.S. Patent Nos. 8,275,863 and 9,021,070 relating to methods of modifying toolbars displayed on Internet-connected devices such as personal computers. ooVoo moved for judgment on the pleadings, asserting that the MyMail patents are directed to patent-ineligible subject matter under 35 U.S.C. § 101.  The CAFC notes that determining patent eligibility requires a full under-standing of the basic character of the claimed subject matter. As a result, if the parties raise a claim construction dispute at the Rule 12(c) stage, the district court must either adopt the non-moving party’s constructions or resolve the dispute to whatever extent is needed to conduct the § 101 analysis. The CAFC concludes that the district court erred by failing to address the parties’ claim construction dispute before concluding, on a Rule 12(c) motion, that the MyMail patents are directed to patent-ineligible subject matter under § 101 and therefore vacates and remands. Judge Lourie dissents, because in his view, the claims at issue are clearly abstract, regardless of claim construction.

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