ContourMed, Inc., v. American Breast Care L.P., C.V. 15-2769 (S.D. Tex. March 17, 2016)
7,058,439 | Entitled “Methods of Forming Prostheses”
Motion to Dismiss is Denied.
Creating Prostheses model from computer program.
The court found that the claims were not directed at an abstract idea, but rather imagining the breast to the ultimate end of creating a breast prosthetic, using alignment markets placed on the breast and capturing the image to aid in computer modeling. The court felt this placed the claims outside the scope of mere data collection and storage. They included a substantial tangible component. Because the claims were not directed at an abstract idea, Judge Gray H. Miller found it unnecessary to address the second step of Alice and denied the motion to dismiss.