Source Search Technologies, LLC v. Kayak Software Corp.

111 F. Supp. 3d 603, 2015 U.S. Dist. LEXIS 85266, 2015 WL 3980628
CourtDistrict Court, D. New Jersey
DecidedJuly 1, 2015
DocketCivil Action No. 11-3388 (JEI/KMW)
StatusPublished
Cited by2 cases

This text of 111 F. Supp. 3d 603 (Source Search Technologies, LLC v. Kayak Software Corp.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Source Search Technologies, LLC v. Kayak Software Corp., 111 F. Supp. 3d 603, 2015 U.S. Dist. LEXIS 85266, 2015 WL 3980628 (D.N.J. 2015).

Opinion

OPINION

IRENAS, Senior District Judge:

Plaintiff Source Search Technologies, LLC (“SST” or “Plaintiff’) brought this action against Defendant Kayak Software Corporation (“Kayak” or “Defendant”) al[605]*605leging infringement of U.S. Patent No. 5,758,328 (“the '328 Patent”), which is titled “Computerized Quotation System and Method.”

Pending before the Court is Defendant’s motion for summary judgment of invalidity on the relevant patent claims for failure to claim patent-eligible subject matter under 35 U.S.C. § 101.

For the reasons stated herein, the motion will be GRANTED.

I.

The '328 Patent, issued initially in May 1998 and subsequently reexamined, describes a computerized system and method for processing requests for quotations (“RFQs”) between buyers and sellers over a computer network.1

In general terms, the '328 Patent presents an alternative to prior computerized systems for obtaining quote information from vendors, which, as SST explains in its specifications and communications with the Patent Office, utilized cumbersome centralized databases. Relevant to the instant case are independent method claims 12 and 20 of the '328 Patent, which SST alleges Kayak infringes.

Claim 12 recites as follows:

A method of purchasing goods or services over a data network comprising the steps of:

communicating, over said data network, to a -filter means, at least one request for a quotation from a potential buyer of said goods or services; filtering, at said filter means, the at least one request for quotation in order to ascertain a set of sellers potentially capable of supplying said goods or services; and
obtaining, from at least one of said potential sellers previously ascertained by said filtering said request for quotation, over a data network, quotes to supply said goods or services, and forwarding said quotes to said potential buyer, wherein at least part of the quote information is stored at a location remote from said filter means.

(Reexamined '328 Patent, Ex. A to Kayak’s MSJ) Claim 20, which is almost identical to claim 12, recites:

A method of purchasing goods or services over a data network comprising the steps of:
communicating, over said data network, to a filter means, at least one request for a quotation from a potential buyer of said goods or services; filtering, at said filter means, the at least one request for quotation in order to ascertain a set of sellers potentially capable of supplying said goods or services; and
obtaining, by said filter means, responsive to said filtering, from at least one of said potential sellers, over a data network, quotes to supply said goods or services, and forwarding said quotes to said potential buyer, wherein at least part of the quote information is stored at a location remote from said filter means.

(Id.) 2

On January 27, 2014, the Court issued a claim construction opinion and order con[606]*606struing disputed terms used in both claims. Source Search Techs., LLC v. Kayak Software Corp., No. 11-3388(FSH), 2014 Markman 314665, 2014 WL 314665 (D.N.J. Jan. 27, 2014) (hereinafter “Mark-man Opinion”). The Court construed “filter means” to require “software for (1) selecting a class of vendors who sell the requested item(s), and (2) applying or comparing specified conditions to an item(s) of information to determine if the condition is met or not by the item(s) of information.” Id. at *5-6. The Court also construed the “obtaining ... quotes” step to require “the system acquiring the required and available quote information from the vendor’s product database using pre-distributed software.” Id. at *17-18.

The '328 Patent does not detail how this “predistributed software” functions. In construing claim 4 of the patent, which contains similar language to claims 12 and 20 regarding how the patent’s system “generates” quotes from information in the vendors’ databases, the Court noted that the patent’s specifications mention the use of “suitable software” to acquire RFQ information from vendors, but give no structure to such software. Id. at *11.

The Court has already entertained one motion for summary judgment filed by Kayak with respect to damages, invalidity, and infringement, which the Court denied in part and granted in part.3 (June 16, 2014, Opinion, Dkt. No. 199). Following the Supreme Court’s recent decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, — U.S.-, 134 S.Ct. 2347, 189 L.Ed.2d 296 (2014), decided just a few days after this Court’s summary judgment decision, Kayak sought leave to file another motion for summary judgment on the grounds that the '328 Patent is ineligible for protection under § 101 because the claims are directed to' an abstract idea. The Court granted Kayak’s request (Dkt. No. 236) and Kayak subsequently filed the instant motion on December 29, 2014. SST filed an opposition and the parties have since submitted numerous letters informing the Court of recently decided cases in this quickly evolving area of the law. The Court held oral argument on June 30, 2015.

II.

. Federal Rule of Civil Procedure 56(c) provides that summary judgment should be granted if “pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” See also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In deciding a motion for summary judgment, the court must construe all facts and inferences in the light most favorable to the nonmoving party. See Boyle v. Allegheny Pa., 139 F.3d 386, 393 (3d Cir.1998). The moving party bears the burden of establishing that no genuine issue of material fact remains. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A fact is material only if it will affect the outcome of a lawsuit under the applicable law, and a dispute of a material [607]*607fact is genuine if the evidence is such that a reasonable fact finder could return a verdict for the nonmoving party. See Anderson, 477 U.S. at 252, 106 S.Ct. 2505.

The nonmoving party must present “more than a scintilla of evidence showing that there is a genuine issue for trial.” Woloszyn v. Cnty. of Lawrence, 396 F.3d 314, 319 (3d Cir.2005). “If the evidence is merely colorable ... or is not significantly probative ... summary judgment may be granted.” Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 (internal citations omitted).

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111 F. Supp. 3d 603, 2015 U.S. Dist. LEXIS 85266, 2015 WL 3980628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/source-search-technologies-llc-v-kayak-software-corp-njd-2015.