Pricing Patents Don't Pass Alice Test, Judge Rules

Law360, New York (March 12, 2015, 1:29 PM EDT) -- A Delaware federal judge on Wednesday tossed out two dynamic pricing patents asserted against a company that allows air travelers to bid on seat upgrades, ruling that the patents were invalid as abstract under the U.S. Supreme Court's Alice standard.

U.S. District Judge Gregory M. Sleet adopted magistrate judge Sherry R. Fallon's recommendation that he grant Plusgrade US LLC summary judgment on Tenon & Groove LLC's two patents because they recited patent-ineligible "abstract ideas" and fail under the framework outlined in the high court's 2014 Alice Corp. v. CLS Bank Int'l. decision.

"After having reviewed the record in this case, the...

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