High Court Rejects 9th Petition on Patenting Abstract Ideas

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By Tony Dutra

May 31 — The U.S. Supreme Court May 31 again denied a request to review how the Federal Circuit has implemented the Alice v. CLS Bank patent eligibility test ( Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA, LLC , U.S., No. 15-1201, review denied 5/31/16 ).

Source Material:

Cert. petition: No. 15-1201 (March 24, 2016)

Opinion Below: 2015 BL 427747 (Dec. 28, 2015)

U.S. Patent:No. 7,394,392

Vehicle Intelligence & Safety LLC asserted U.S. Patent No. 7,394,392 , on a car-installed system to detect driver impairment, against Mercedes-Benz USA LLC.

The Federal Circuit agreed with a district court's ruling that 10 patent claims were directed to the abstract idea of “testing operators of any kind of moving equipment for any kind of physical or mental impairment,” failing Alice step one. Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA, LLC, No. 2015-1411, 2015 BL 427747 (Fed. Cir. Dec. 28, 2015) (248 PTD, 12/29/15).

This was the ninth petition the high court denied this term related to patent owners' complaints about how the Alice abstract-idea exception to patent eligibility is being applied.

Kevin Roe of Saratoga, Calif., the inventor listed on the '392 patent and founder of VIS, filed the March 24 petition (60 PTD, 3/29/16).

No response was recorded on the Supreme Court's docket for the case. Scott W. Doyle of Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, represented Mercedes before the Federal Circuit.

To contact the reporter on this story: Tony Dutra in Washington at adutra@bna.com

To contact the editor responsible for this story: Mike Wilczek in Washington at mwilczek@bna.com

For More Information

Text of petition at http://src.bna.com/dD2