Appistry, Inc. v. Amazon.Com, Inc.

195 F. Supp. 3d 1176, 2016 U.S. Dist. LEXIS 94167, 2016 WL 3906905
District Court, W.D. Washington·Decided July 19, 2016·No. CASE NO. C15-1416RAJ·Published·Cited by 2 cases

Opinion

ORDER

Richard A. Jones, United States District Judge

I. INTRODUCTION

This matter comes before the court on Defendants Amazon.com, Inc. and Amazon Web Services, Inc.’s (collectively “Amazon” or “Defendants”) Motion to Dismiss for Invalidity Under 35 U.S.C. § 101 on the grounds that the two patents asserted by Plaintiff Appistry, Inc.1 (“Appistry” or “Plaintiff’) cover ineligible subject matter. See Dkt. # 36. Having considered the Parties’ arguments, the Court hereby GRANTS Amazon’s Motion.

II. BACKGROUND

This case concerns U.S. Patent Nos. 8,682,959 and 9,049,267 (the “ ’959 Patent” and “ ’267 Patent,” respectively). The ’959 Patent is entitled “System and Method for Fault Tolerant Processing of Information Via Networked Computers Including Request Handlers, Process Handlers, and Task Handlers.” See Compl. Ex. 1 (’959 Patent). The ’267 Patent is entitled “System and Method for Processing Information Via Networked Computers Including Request Handlers, Process Handlers, and Task Handlers.” See id. Ex. 2 (’267 Pat[1178] ent). Both patents are child patents of U.S. Patent Nos. 8,200,746 and 8,341,209 (the “’746 Patent” and “’209 Patent,” respectively). See ’959 Patent at 1; ’267 Patent at 1. The ’746 and ’209 Patents have since been held to be invalid under 35 U.S.C. § 101. See Appistry, Inc. v. Amazon.com, Inc. (“Appistry I”), No. C15-311 MJP, 2015 WL 4210890, at *5 (W.D.Wash. July 9, 2015).

The ’959 and ’267 Patents have the same inventors, figures, and “Detailed Descriptions” as the ’746 and ’209 Patents. Compare ’959 Patent & ’267 Patent with Case No. C15-311MJP, Dkt. # 1-1 (’746 Patent) & Dkt. # 1-2 (’209 Patent). Generally, all four patents relate to using “[a] hive of computing machines ... to process information.” See ’959 Patent at 8:32-33. To do so, the claimed inventions use a system of “a plurality of networked computers” to “process[ ] a plurality of processing jobs in a distributed manner.” See ’959 Patent at 31:30-31; ’267 Patent at 28:8-9. To do so, the claimed systems enlist “a request handler, a plurality of process handlers, and a plurality of task handlers.” See ’959 Patent at 31:32-34; ’267 Patent at 28:10-12.

III. LEGAL STANDARD

Fed. R. Civ. P. 12(b)(6) permits a court to dismiss a complaint for failure to state a claim. The rule requires the court to assume the truth of the complaint’s factual allegations and credit all reasonable inferences arising from those allegations. Sanders v. Brown, 504 F.3d 903, 910 (9th Cir.2007). A court “need not accept as true conclusory allegations that are contradicted by documents referred to in the complaint.” Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir.2008). The plaintiff must point to factual allegations that “state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 568, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). If the plaintiff succeeds, the complaint avoids dismissal if there is “any set of facts consistent with the allegations in the complaint” that would entitle the plaintiff to relief. Id. at 563, 127 S.Ct. 1955; Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

A court typically cannot consider evidence beyond the four corners of the complaint, although it may rely on a document to which the complaint refers if the document is central to the party’s claims and its authenticity is not in question. Marder v. Lopez, 450 F.3d 445, 448 (9th Cir.2006). A court may also consider evidence subject to judicial notice. United States v. Ritchie, 342 F.3d 903, 908 (9th Cir.2003).

IV. ANALYSIS

Before the Court proceeds to whether the ’267 and 959 Patents are directed to patent-eligible subject matter, it is necessary to determine whether claim 29 of the ’959 Patent and claim 1 of the ’267 Patent are representative. Plaintiff does not agree that the claims are representative. See Dkt. #38 at 12. Citing a few minute details between these claims and those at issue in Appistry I, Plaintiff argues that all claims in the ’959 and ’267 Patents must be independently reviewed. But Plaintiffs own comparison of the independent claims in the ’959 and ’267 Patents reveals just how similar (and representative) claim 29 and claim 1 are. See Dkt. # 39-1. For example, the claims use practically identical language—including, crucially, the “request handlers,” “process handlers,” and “task handlers” utilized to distribute work. The Court finds that the claims are representative2 and will proceed on that basis.3

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Appistry, Inc. v. Amazon.Com, Inc., 195 F. Supp. 3d 1176, 2016 U.S. Dist. LEXIS 94167, 2016 WL 3906905 (W.D. Wash. 2016).

195 F. Supp. 3d 1176 (Appistry, Inc. v. Amazon.Com, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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