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EMC E20-365 : Network Storage - NS Implementation Exam

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Exam Number : E20-365
Exam Name : Network Storage - NS Implementation
Vendor Name : EMC
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Thursday, August 19, 2021

in the latest building concerning patent eligibility of content-based mostly identifier patents, the us courtroom of Appeals for the Federal Circuit affirmed choices finding patent claims ineligible under 35 u.s.C. § a hundred and one. PersonalWeb Techs. LLC v. Google LLC, YouTube, LLC, Case No. 20-1543 (Fed. Cir. Aug. 12, 2021) (Prost, J.) (consolidating PersonalWeb Techs. LLC v. facebook, Inc., Case No. 20-1553, and PersonalWeb Techs. LLC, degree 3 Commc’ns. LLC v. EMC Corp., VMWare, Inc., Case No. 20-1554).

PersonalWeb sued know-how organizations in the jap District of Texas in 2011 over three of its patents. The patents have been directed to facts-processing systems that assign each statistics item a considerably enjoyable content-based identifier, generated by way of hash algorithm, which changes when the content adjustments and is used to operate records-management capabilities. a number of defendants correctly motioned for switch to the Northern District of California, the place their corporations were headquartered and/or their employees responsible for the construction of the accused products had been based. After claim construction in Texas, the cases have been transferred and stayed pending a few inter partes experiences before the united states Patent Trial & appeal Board (Board). outdated choices earlier than the Federal Circuit affirmed the Board’s findings that using hash-based mostly identifiers for information administration changed into disclosed in the prior paintings; that content-primarily based identifiers in performing file-management capabilities, corresponding to backing up information, had been also primary and that many claims of the asserted patents had other unpatentable points. After the stay was lifted, the California court granted the defendants’ action for judgment on the pleadings that the last asserted claims have been patent ineligible beneath 35 americaC. § 101. PersonalWeb appealed.

To verify patent eligibility, the Federal Circuit utilized both-step Mayo/Alice framework. under the first step (picking out no matter if the claims at problem are directed to a patent-ineligible concept, such as an abstract conception), the court regarded the focus of the claimed enhance over the prior paintings and found that the claims have been directed to an summary concept. PersonalWeb contended that its claims have been directed to “a notably enjoyable, algorithm-derived, content material-primarily based identifier for all statistics gadgets in a networked laptop, which allows a laptop inside a community containing distinct computing and storage systems to find and distribute data devoid of figuring out either the file gadget of any device in the network or the ordinary name of any statistics merchandise.” besides the fact that children, the court docket adopted the district courtroom’s view, which turned into that the patents were directed to “(1) the usage of a content-based mostly identifier generated from a ‘hash or message digest function,’ (2) comparing that content-primarily based identifier in opposition t whatever thing else, [that is,] a further content material-primarily based identifier or a request for statistics; and (3) proposing access to, denying access to, or deleting statistics.” Given the center of attention in Mayo/Alice step one among “no matter if the claims of the asserted patents fall in the excluded category of abstract concepts,” and citing to parallel examples from precedent instances, the court concluded that the claims were directed to using an algorithm-generated content material-based identifier to perform the claimed statistics-management features, which include controlling access to data objects, retrieving and supplying copies of statistics items and marking copies of data items for deletion.

The Federal Circuit found that these features have been purely mental approaches that “will also be carried out within the human intellect” or “the usage of a pencil and paper,” and that the claims’ focal point have been “mere automation of manual procedures the use of well-known computer systems.” because the court defined, the step one inquiry appears to the claims’ “personality as an entire,” in preference to evaluating each claim limitation in a vacuum. In that regard, the court docket found that the claims had been purely a mixture of the particular person summary-thought strategies. PersonalWeb tried to argue that akin to the situations in DDR Holdings, the claims provided a solution “always rooted in computer expertise so as to overcome an issue above all bobbing up within the realm of desktop networks,” but the courtroom considered the asserted effectivity advancements as no diverse as a library the usage of content material-primarily based identifiers to purge duplicate books.

As for Mayo/Alice step two (considering the points of each and every claim personally and as an ordered aggregate to investigate whether the additional points transform the character of the declare into a patent-eligible utility), the Federal Circuit did not discover such a transformation. PersonalWeb argued that the claims utilized inventive use of cryptographic hashes in a way that was no longer widespread nor movements in advance of the patents. however, as noted, such use of hashes had already been discovered to be neither novel nor nonobvious, and the court docket discovered that the usage of content-elegant cryptographic hashes in place of popular names failed to provide anything “more,” a lot less “greatly more,” than the abstract concept itself.

In a non-precedential partner opinion launched the same day, the Federal Circuit affirmed the district court docket’s claim building of “unauthorized or unlicensed” to suggest “now not compliant with a valid license,” and construed “authorization” to imply “a valid license.” In Re: PersonalWeb Techs. LLC, Case Nos. 20-1566, -1568, -1569 (Fed. Cir. Aug. 12, 2021) (Lourie, J.) In its attraction, PersonalWeb argued that the claim development did not supply all the words within the claim by ignoring the disjunctive “or” and studying “unauthorized” out of the claim. The Federal Circuit agreed with the district court that “unauthorized or unlicensed” may still be treated as a single thought regarding the claimed intention of controlling entry to licensed content material. The courtroom mentioned to right here: The patent summary and specification, which handled these terms interchangeably; a Supreme court docket of the USA ruling that “or” may also be used to join synonyms within the context of statutory building and the Federal Circuit’s previous recognition that tenets of statutory construction can apply equally in decoding patent claims. The court docket discovered that the intrinsic facts did not aid any other classification of “authorization” and refused to prioritize what it known as uncertain portions of the prosecution history from the patent family unit over the readability with which “authorized” and “licensed” had been used interchangeably in the written description. In mild of the court’s precedent in Phillips v AWH Corp., the court docket additionally found that “the prosecution history represents an ongoing negotiation between the PTO and the applicant, instead of the final made of that negotiation, it often lacks the readability of the specification and therefore is much less constructive for claim building applications.”

practice word: In drafting the claims and specification, take care to describe technological developments in a way that avoids allegations of mere automation. When reciting “[A] or [B]” within the claims, candidates may still agree with whether such phrases are meant to be interchangeable and should use such phrases all the way through the specification and claims with intention.

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