Monday, May 10, 2021

Gree loses at CAFC in 101 case

There was no reprieve for Gree in Alice Step 2:

Turning to Alice step 2, we agree with the Board that nothing in the claims constitute an inventive step. As the Board correctly held, each of the limitations separately and in their ordered combination were routine and conventional. GREE argues that the input face has the capacity to distinguish between different types of operations; to wit, the “syntax of touches, swipes, and their combination to particular semantics, or the meaning of such operations.” Appellant’s Br. at 54. We see no error in the Board’s conclusion that swipe operations were conventional, as disclosed in the specification’s discussion of the prior art. ’799 patent, col. 1, ll. 8–28. The Board also correctly explained that none of the syntax of touches and swipes that GREE cites as its inventive step are captured in any of the elements of the claims. See RecogniCorp, LLC v. Nintendo Co., 855 F.3d 1322, 1327 (Fed. Cir. 2017). Moreover, the claims do not recite the ability to move multiple objects simultaneously; rather, the claims call for moving “one or more of the plurality of associated objects as a group” (emphasis added)


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