INTELLECTUAL PROPERTY CLIENT ALERT: The Northern District of California Rules That Software Method Claims For Executing An Instruction Are Patentable

    View Authors 29 March 2012
    The U.S. District Court for the Northern District of California, San Jose Division, recently held that a software patent was patentable subject matter. In Nazomi Communications, Inc. v. Samsung Telecommunications, Inc., et al., Civil Action No. 10-5545(RMW) (Mar. 21, 2012), the court denied defendant, Kyocera’s motion for summary judgment, finding that the claims of U.S. Patent No. 6,338,160 (‘160 Patent) did more than just recite an abstract idea and say “apply it.” Rather, the Patent recited specific steps that confined the claims to a specific useful application. The claims of the ‘160 Patent were held not to be invalid under 35 U.S.C. § 101 (“Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore,” subject to the other requirements of the patent statute).