Publications & Presentations
February 14, 2018
A patent licensing company run by former WilmerHale and Kirkland & Ellis LLP partners lost its infringement claims against two security companies on Monday, when a California federal judge found that its patent on internet data channels is invalid under the Supreme Court's Alice ruling for claiming only an abstract idea.

U.S. District Judge Vince Chhabria granted Cloudflare Inc.’s motion for judgment on the pleadings, agreeing with the company’s argument that U.S. Patent No. 6,453,335 was directed to an abstract idea of modifying a data stream based on third-party data and did not include claim elements that transformed it into a patent-eligible invention. The judge also granted Incapsula Inc.’s motion to dismiss with prejudice Blackbird's claims alleging that it had infringed the patent at issue.

"The patent attempts to monopolize the abstract idea of monitoring a preexisting data stream between a server and a client for a specific condition and modifying that stream when that condition is present,” Judge Chhabria concluded on Monday.

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