Versata Software, Inc., et al. v. Netbrain Technologies, Inc., et al., C.A. Nos. 13-676  – LPS-CJB; C.A. No. 13-678  – LPS-CJB, September 30, 2015.

Burke, M. J.  Report and Recommendation, recommending that certain claims be dismissed as ineligible for patent protection under § 101; and recommending denying the motion to dismiss as to remaining claims without prejudice to renew later.  Oral argument took place on August 26, 2014.

There are five unrelated patents asserted. One patent describes its invention as a hierarchy for representing a plurality of catalog items stored in a database, which is an abstract idea. No inventive concept is involved in the asserted claims, merely generic computer technology. Thus the court recommends dismissal of the asserted claims in this patent. The asserted claims in a second patent are directed to organizing and presenting information – another abstract idea. They too contain no inventive element, merely an instruction to apply it.”  Asserted claims from a third patent are drawn to the abstract concept of displaying data in hierarchical form. Again, an inventive concept is missing. The same is true with respect to asserted claims from a fourth patent directed to researching data using features and product numbers, and a fifth patent relating to a dynamic content caching framework.  The court recommends granting dismissal of these claims, and denying dismissal as to remaining claims without prejudice to renew a section 101 challenge later.