Network Congestion Solutions, LLC v. United States Cellular Corporation, et al., C.A. Nos. 14-903 – SLR; 14-904 - SLR, March 22, 2016.

Robinson, J. Defendants’ motion to dismiss is denied.

Defendants move to dismiss pursuant to section 101 for unpatentable subject matter. The disputed technology relates to a system and method for monitoring congestion in a communication network. Applying the analytical framework of Alice, the court finds that the invention is necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks and is thus not abstract despite the fact that the steps could be performed by a network engineer. The invention is directed to a solution for a problem that arises in the computer context and the specificity suffices to alleviate concerns of preemption.  The court declines to dismiss on this record.