Federal Circuit Affirms District Court’s Unpatentability Decision in Software Patent Dispute

    On April 10, 2020, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s judgment that the asserted patents in the matter of WhitServe LLC v. Donuts Inc. were “invalid as directed to unpatentable subject matter.”

    The disputed patents related to a system and database that use standard computers and networks to generate client reminders and receive client responses. The Federal Circuit found the patent claims abstract, as they did not contain an inventive concept that improved upon the abstract idea of using simple information exchanges to carry out fundamental economic practices.

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