J.P. Morgan Chase & Co. et al. v. Intellectual Ventures II LLC

J.P. Morgan Chase & Co. et al. v. Intellectual Ventures II LLC, CBM2014-00157 (Droesch, APJ.) (Jan. 12, 2016)


6,314,409 | Entitled “System for controlling access and distribution of digital property”


Final written decision invalidating claims

Abstract Idea:


Something More:



Data access management tools for controlling access to, and use, distribution, and secondary distribution of data.


In its final written decision, panel found claims are directed to fundamental concept of “protecting portions of data, openly distributing the protected portions of the data, and limiting access to the unprotected data portions with rules enforced by the access mechanism.” Panel rejected patent owner’s expert contention that the number of words used to describe an abstract idea is probative of whether an idea is abstract. No need for abstract idea to be economic practice or long-standing fundamental practice to be invalid, the latter of which would effectively import a novelty/obviousness requirement to a Section 101 analysis. Patent owner’s arguments of the computer network specified in claim was not availing where claim did not even include computers, encrypted data, or computer network limitations.