Improved Search LLC v. AOL Inc., C.A. No. 15-262 - SLR, May 5, 2016.
Robinson, J. Defendant’s motion to certify the court’s decision on invalidity for interlocutory appeal is denied.
On March 22, 2016 the court denied defendant’s motion to dismiss, finding that the patents-in-suit are directed to section 101 patent-eligible subject matter. While the court acknowledged the uncertainty of the law under section 101, that cannot be the basis for certifying each district court opinion on a 101 motion for review as it would surely cause piecemeal litigation. It therefore denies the motion to certify an appeal.