Gift Card Swap System Isn't Abstract, Fed. Circ. Told
Law360, Washington (January 9, 2014, 6:37 PM EST) -- Cardpool Inc. pushed a Federal Circuit panel Thursday to resurrect its patent suit against rival Plastic Jungle Inc., maintaining their gift card exchange system wasn't an unpatentable abstract idea and saying the suit should have proceeded to claim construction.
Cardpool alleged that there were numerous factual disputes at issue in the patent infringement suit, and it should have been allowed to address those disagreements in summary judgment or claim construction proceedings. Instead, a California federal judge deemed Cardpool's exchange unpatentable because it was was an abstract idea of a gift card sale or exchange.
“There are a lot of factual disputes...
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