December 8, 2016
From Law360

by Kevin Penton

The Federal Circuit on Thursday affirmed an Ohio federal court’s order that the asserted claims of five vehicle-tracking patents are invalid under Alice, even though four of the patents were issued under new guidelines for applying the landmark U.S. Supreme Court decision.

Attorneys for FourKites Inc., which MacroPoint asserted the patents against, have said that the Northern District of Ohio’s November 2015 decision may have been the first in which a judge invalidated patents that were examined under updated guidelines that the U.S. Patent and Trademark Office issued to examiners in December 2014 in the wake of Alice. The guidelines are aimed at ensuring that the office only issues patents that pass muster under the June 2014 decision, which judges have invoked to invalidate scores of patents.

"We're very pleased that the Federal Circuit recognized the district court was correct to invalidate the MacroPoint patents as claiming unpatentable subject matter," Gary Hood, an attorney representing ForKites, told Law360 on Thursday. "The court's swift summary affirmance validates our client FourKites' longheld views, and is an important victory for the freight tracking industry."

FourKites is represented by Gary Hood, Mark Thomas Deming, and Adam S. Weiss of Polsinelli PC.

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