Voxathon LLC v. Alpine Electronics of America, Inc.

Voxathon LLC v. Alpine Electronics of America, Inc., No. 15-cv-00562 (Gilstrap, J.) (E.D. Tex. Jan. 21, 2016)


6,442,261 | Entitled, “Call Recovery Method and Apparatus for an Attendant Telephone Set”


Grant of motion to dismiss for lack of patentable subject matter.

Abstract Idea:


Something More:



System and methods for recovering calls for telephone receiving multiple calls and redialing the number of one of the incoming calls.


The asserted claims were found to be directed to the abstract idea of responding to a sender of a message and specifically to receiving a phone call, storing the number, and redialing it.  The court stated that this process is routine and can be performed by any human, and rejected Voxathon’s argument that the patent was not abstract due to the presence of “call appearance buttons” and an “improved telephone set.”  Next, the court rejected Voxathon’s argument, proffered by an expert, that the ’261 patent contains material that transforms the abstract concept as it merely includes the use of a generic computer and automates the abstract idea.