Falkon Treasures LLC v. Adidas America, Inc.

Falkon Treasures LLC v. Adidas America, Inc., Case No. 2:16-cv-653 (E.D. Tex. Apr. 1, 2017, adopted April 17, 2017)


  • 7,606,843 | Entitled, “Distribution of musical products by a web site vendor over the internet” 


Recommended Granting Motion to Dismiss

Abstract Idea:


Something More:



A computer-implemented method of displaying an online shopping list that includes items the customer may purchase. 


The magistrate recommended finding claim 12 invalid under § 101. The magistrate first found the claim directed to the abstract idea of validating a customer’s identity and then displaying a shopping list to a customer. Nothing in the claim suggested the invention represented an improvement in computer-related technology or resolution of a problem created by the Internet. The magistrate further found that the claim did not recite anything more than conventional activity using components such as a “personal computer,” a “wired or wireless Internet access device,” a “personal digital assistant, or a “cellular telephone,” which were insufficient to inject an inventive concept into claims that are otherwise abstract.