Friday, May 22, 2015

CAFC decides Allvoice v. Microsoft

Allvoice did not do well in its appeal to the CAFC:

Allvoice Developments US, LLC (“Allvoice”) appeals
the district court’s grant of summary judgment that
Microsoft Corporation’s (“Microsoft”) accused products do
not infringe the asserted claims of U.S. Patent No. 5,799,273
(the “’273 Patent”) and that claims 60–68 of the ’273 Patent
are invalid under 35 U.S.C. § 101 (2012).1

The district court’s December 23, 2013 judgment of non-infringement
depended upon its findings that Allvoice’s
infringement contentions did not disclose
Allvoice’s only infringement theory for the “link data” limitation and
that Allvoice was not
diligent in seeking to amend its
infringement contentions. Because we find that the
district court did not abuse its discretion in reaching those
conclusions, we affirm the judgment of non-infringement.
Because claims 60–68 are not directed to one of the four
statutory categories of inventions
identified in 35 U.S.C. §101 , we also affirm
the judgment of invalidity as to
those claims.


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