May 23, 2022

Volume XII, Number 143

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May 23, 2022

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Netsirv et al v. Boxbee Inc.: Another patent found invalid in Post Grant Review

The PTAB has found all claims of a container storage and shipping patent invalid in light of Alice in its third decision in a Post Grant Review.  Citing decisions from the District of New Jersey and California, the Board found that the claims were directed "to the abstract idea of a bailment scheme using storage containers."  Wireless Media Innovations, LLC v. Maher Terminals, LLC, 100 F. Supp. 3d 405, 408–09, 413–15 (D.N.J. 2015) and Wireless Media Innovations, LLC v. Maher Terminals, LLC, 100 F. Supp. 3d 405, 408–09, 413–15 (D.N.J. 2015).  Post Grant Reviews are only available for patents filed on or after March 15, 2013 under the first inventor to file standards of the AIA.  Unlike an inter partes review, challenges under PGR can be brought on statutory bases of sections 101 and 112 in addition to 102 and 103. 

Claim 1 read

  1. A method for stored item distribution to a user, the user associated with a user identifier, the method comprising: by a computing system (a) receiving a delivery request associated with the user identifier comprising a requested time, a requested location, and a requested number of containers; (b) facilitating delivery of a set of containers to the requested location at the requested time, the set of containers comprising at least the requested number of containers, each container of the set associated with a unique storage identifier;(c) receiving a set of storage identifiers from a delivery device remote from the computing system, each storage identifier of the set of storage identifiers associated with one of the set of containers; (d) associating the set of storage identifiers comprising a first storage identifier with the user identifier in response to receipt of the set of storage identifiers from the delivery device; (e) receiving a media description in association with the first storage identifier from a user device associated with the user identifier, the user device remote from the computing system; (f) storing the media description as a storage description for the first storage identifier; (g) setting a fill status of the first storage identifier to packed; (h) receiving a removal request comprising storage identifiers associated with empty fill statuses from a pickup device remote from the computing system; (i) removing the storage identifiers having an empty fill status from the set of storage identifiers associated with the user identifier; (j) receiving a summary request associated with the user identifier; (k) in response to receipt of the summary request, sending the storage description of the first storage identifier; (l) receiving a retrieval request associated with the user identifier comprising a selection associated with the storage description, a retrieval location, and a retrieval time; and (m) facilitating delivery of a first container identified by the first storage identifier to the retrieval location at the retrieval time.
© Copyright 2022 Armstrong Teasdale LLP. All rights reserved National Law Review, Volume VI, Number 220
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About this Author

Jennifer E. Hoekel, Intellectual Property Attorney, Armstrong Teasdale law firm
Partner

A member of the firm’s Intellectual Property Litigation practice group and a registered U.S. patent attorney, Jennifer Hoekel focuses on patent litigation.

Finding her general litigation background to be an asset in this practice area, she has litigated patents, trademarks, copyrights, trade secrets, unfair competition and license acquisition matters, in state, federal and appellate courts throughout the U.S. Her cases involve mechanical, electrical, chemical and business method patents in such varied subject matter as cholesterol inhibiting substances, highway roadside safety...

314-342-4162
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