Kombea Corporation v. Noguar L.C.

Kombea Corporation v. Noguar L.C., No. 2015-1890 (Fed. Cir. Sep. 8, 2016)

Patent(s):

  • 8,503,619 | Entitled “Method and device for interacting with a contact”
  • 7,933,387 | Entitled, "Voice transition script caller"
  • 8,438,494 | Entitled “Apparatus, system, and method for designing scripts and script segments for presentation to a contact by an agent”
  • 7,640,510 | Entitled “Apparatus, system, and method for presenting scripts to a contact”

Disposition:               

Affirmance of grant of summary judgment of invalidity.

Abstract Idea:

Yes

Something More:

No

Technology:              

Telemarketing system using prerecorded scripts that give the impression of person-to-person conversation. 

Summary:                 

The decision of the Federal Court was affirmed per curiam. Looking at the first step of Alice, the Federal Court agreed that the claims were directed toward the abstract idea of basic sales techniques executed with the aid of a computer. The court distinguished the patents-in-suit from the patents in DDR Holdings for three reasons. First, the patents are not directed toward solving a new problem, but only increased the efficiency of solving an existing problem. Second, the patents do not provide a new solution, they merely combine sales techniques and telemarketing systems. And third, the patents do not describe a new way of manipulating technology beyond its conventional use. The court notes that claims in the asserted patents were directed toward a fundamental economic concept that falls not only under the Alice analysis but within the Bilski analysis as well. Looking to the second step of Alice, the court found that the claims fall short of transforming the abstract ideas into patent-eligible subject matter. The court notes that just because the claims are directed at making a generic computer system more efficient, this is not enough for patent protection.