Federal Circuit Rules that Moving Software to the Cloud is an Unpatentable “Predictable Variation” of Prior Art

    On May 5, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision by the U.S. Patent Trial and Appeal Board (PTAB), finding in the matter of Uber Technologies, Inc. v. X One, Inc. that “claims directed to software executed on a server are obvious in view of prior art that taught performing the same method on a local device.”

    The patent in question is related to a computer-based system for mapping user location data on a server and transmitting the location map to a terminal device via cloud computation.

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