Brain Synergy Institute, LLC, D/B/A Carrick Brain Centers, V. Ultrathera Technologies, Inc., & Kevin Maher

Brain Synergy Institute, LLC, D/B/A Carrick Brain Centers, V. Ultrathera Technologies, Inc., & Kevin Maher, No. 13-CV-01471 (J. Arguello) (D. Colo. Mar. 29, 2016)

Patent(s):    

6,800,062 | Entitled “Comprehensive Vertigo Management”

Disposition:               

Affirmation and adoption of recommendation of U.S. Magistrate Judge Nina Wang that claim 2 of the ‘062 patent is invalid under § 101. 

Abstract Idea:

Yes as to the claim discussed

Something More:

No as to the claim discussed

Technology:              

A method for collecting data from a person placed in a device designed to rotate and invert said person.

Summary:                 

The court adopted the magistrate’s determination that claim 2 covered un-patentable subject matter. It noted that the claim was directed at the well-known and longstanding concept of collecting information. The court further noted that it utilized generic computer components to automate the function. Such an implementation was insufficient to constituted the inventive concept necessary to overcome the § 101 standard set forth in Alice.