SANTA BARBARA, CA — (Marketwired – November 22, 2013) – In a decision handed down today, Judge Denise Cote invalidated a software patent on multilateral decision-making (US patent no. 8.069,073), granting FindTheBest its motion for early judgement in ongoing patent infringment litigation with Lumen View Technology, LLC.
The decision — rare in such early-trial phases which require “clear and convincing evidence” to resolve quickly — states that patent 8,069,073 is invalid based on the lack of inventive ideas. As explained in Judge Cote’s 36-page response: “Nothing in the ’073 patent evinces an inventive idea beyond the idea of the patent holder to be the first to patent the computerization of a fundamental process that has occurred all through human history.”
Judge Cote’s response confirms FindTheBest’s belief that the patent was invalid and therefore, the litigation frivolous. ”We realize that this type of ruling is virtually unheard of, so we see this is a massive victory, but it can’t stop here. The USPTO should see this as a clear sign that the patent system is broken and needs to be reevaluated,” said FindTheBest CEO Kevin O’Connor.
FindTheBest believes this further strengthens their civil RICO lawsuit, filed on Sept. 17, 2013. The company filed their amended claims to the suit today in response to defendant’s motion to dismiss. FindTheBest will continue to support full scale patent reform to stop these unethical, corrupt, and unfair business practices that hinder innovation.
FindTheBest is a research engine for making big decisions. The company provides visual, interactive comparisons across key categories like technology, health, business, and more. By providing the best information, filters, visualizations, and side-by-side comparisons in hundreds of topics, FindTheBest helps users think like experts and decide with confidence. FindTheBest is based in Santa Barbara, Calif. More information about FindTheBest is available at www.findthebest.com.
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