Triplay, Inc., et al. v. Whatsapp Inc., C.A. No. 13-1703–LPS, April 29, 2015
Burke, M. J. Report and Recommendation that defendant’s motion to dismiss the complaint for failure to state a claim be granted with respect to claim 12 and denied as to the remaining claims.
The disputed technology relates to electronic messaging, and in particular cross-platform messaging. Defendant claims the complaint is drawn to non-patentable subject matter under Section 101. The court finds that claim 12 encompasses the abstract idea of converting a message from one layout to another. Claim 1 is “configured” to perform steps similar to claim 12. As for step 2 of the Alice analysis, the court finds no inventive concept in claim 12. The abstract idea is implemented using conventional technologies and techniques existing in the prior art. Plaintiffs do not identify any specific functionality or attempt to limit the claim to a particular way of converting. As such, it is not eligible for patent protection under § 101. As for claim 1, the patent eligibility turns on claim construction, which neither party had briefed, and therefore the court recommends denying the motion with respect to claim 1. The court declines to address claims other than 1 and 12 in the absence of significant discussion regarding those claims.