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CyberFone Sys., LLC v. CNN Interactive Group, Inc.

United States Court of Appeals for the Federal Circuit

February 26, 2014, Decided

2012-1673, 2012-1674

Opinion

 [*990]  Dyk, Circuit Judge.

Cyberfone Systems, LLC ("Cyberfone") is the assignee of U.S. Patent No. 8,019,060 ("the '060 patent"). The district court held that the patent claims ineligible matter and is invalid under 35 U.S.C. § 101 (2012). We affirm.

Background

The '060 patent  [**3] relates to methods and a system for capturing and storing data. In September 2011, Cyberfone sued eighty-one defendants, alleging, inter alia, infringement of the '060 patent. In May 2012, multiple defendants moved for summary judgment on the ground that the '060 patent claimed unpatentable subject matter under § 101. Claim 1 is representative of the asserted claims:

1. A method, comprising:

obtaining data transaction information entered on a telephone from a single transmission from said telephone;

forming a plurality of different exploded data transactions for the single transmission, said plurality of different exploded data transaction[s] indicative of a single data transaction, each of said exploded data transactions having different data that is intended for a different destination that is included as part of the exploded data transactions, and each of said exploded data transactions formed based on said data transaction information from said single transmission, so that different data from the single data transmission is separated and sent to different destinations; and

sending said different exploded data transactions over a channel to said different destinations, all based on  [**4] said data transaction information entered in said single transmission.

'060 patent col. 24 ll. 40-57. These steps require obtaining data, "exploding" the data, i.e., separating it into component parts, and sending those parts to different destinations. The court found that the subject matter of the '060 patent was "nothing more than a disembodied concept of data sorting and storage" and granted  [*991]  summary judgment of invalidity under § 101. CyberFone Sys., LLC v. Cellco P'ship, 885 F. Supp. 2d 710, 719 (D. Del. 2012). Cyberfone appealed.

We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1). ] We review the grant of a summary judgment de novo. United States v. Great Am. Ins. Co. of N.Y., 738 F.3d 1320, 1329 (Fed. Cir. 2013). Section 101 patent eligibility is a question of law that we review de novo. Bancorp Servs. v. Sun Life Assurance Co. of Can., 687 F.3d 1266, 1273 (Fed. Cir. 2012).

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558 Fed. Appx. 988 *; 2014 U.S. App. LEXIS 3599 **

CYBERFONE SYSTEMS, LLC, (formerly known as LVL Patent Group, LLC), Plaintiff-Appellant, v. CNN INTERACTIVE GROUP, INC., CBS INTERACTIVE, INC., FOX NEWS NETWORK, LLC, FOX SOCCER CHANNEL, LLC, FOX SPORTS INTERACTIVE MEDIA, LLC, TWENTIETH CENTURY FOX FILM CORPORATION, IGN ENTERTAINMENT, INC., WARNER BROS ENTERTAINMENT, INC., UNIVISION INTERACTIVE MEDIA, INC., HOME BOX OFFICE, INC., DOW JONES & CO., INC., DOW JONES LOCAL MEDIA GROUP, INC., HULU, LLC, AND FLIXSTER, INC., Defendants-Appellees, AND NBA PROPERTIES, INC., NBA MEDIA VENTURES, LLC, NFL ENTERPRISES, LLC, NETFLIX, INC., YAHOO! INC., SKYPE, INC., TWITTER, INC., YELP! INC., AND LINKEDIN CORPORATION, Defendants-Appellees, AND GROUPON, INC., Defendant-Appellee, AND UNITED AIRLINES, INC., INTERCONTINENTAL HOTELS CORPORATION, AND SIX CONTINENTS HOTELS, INC., Defendants-Appellees, AND SOUTHWEST AIRLINES CO., Defendant-Appellee, AND AVIS BUDGET GROUP, INC., HERTZ CORPORATION, ORBITZ WORLDWIDE, LLC, AND PURE BIZ SOLUTIONS, LLC, Defendants-Appellees, AND MARRIOTT INTERNATIONAL, INC., Defendant-Appellee, AND HILTON WORLDWIDE, INC., HILTON HOTELS CORPORATION, AND HILTON GARDEN INNS MANAGEMENT, LLC, Defendants-Appellees, AND AMERICAN AIRLINES, INC., IMDB.COM, INC., PLAYFIELD APPS COMPANY, AMAZON.COM, INC., AND AMAZON SERVICES, LLC, Defendants.

Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [**1] Appeals from the United States District Court for the District of Delaware in Nos. 11-CV-0829 and 11-CV-0831, Judge Sue L. Robinson.

CyberFone Sys., LLC v. Cellco P'ship, 885 F. Supp. 2d 710, 2012 U.S. Dist. LEXIS 115740 (D. Del., 2012)

Disposition: AFFIRMED.

CORE TERMS

telephone, patent, exploded, abstract idea, transactions, transmission, destinations, machine, transformation, sending, patent-eligible, recited

Civil Procedure, Appeals, Summary Judgment Review, Standards of Review, Patent Law, Jurisdiction & Review, Standards of Review, De Novo Review, Subject Matter, General Overview, Infringement Actions, Claim Interpretation, Utility Patents, Process Patents