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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!