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

    Private: Amanda Doran

    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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