03.03.2018
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Clicker Heroes Maker Compares New Lawsuit from “Patent Troll” to Extortion
03.03.2018
|
General News
Miguel Bombach was quoted in the Ars Technica article, "Clicker Heroes Maker Compares New Lawsuit from “Patent Troll” to Extortion" regarding the ineligibility of the '838 patent as it applies to the allegations against his client.
Miguel, Thomas Wolfley’s attorney, wrote back in a sternly-worded letter that Jacobs’ allegations were “baseless.”
Primarily, he argued, the ‘838 should be invalidated as it is an unpatentable abstract idea, which was resoundingly rejected in a unanimous 2014 Supreme Court decision known as Alice Corp v. CLS Bank.
Miguel continued, "This abstract idea is no different than using tickets to purchase drinks at a party or going to an arcade and using tokens to play games. Applying the idea with a “server” or reciting “memory” does not transform this concept into something that is patent eligible. After Alice, buying and using tokens for transactions (like a kid would do at Chuck E. Cheese’s), cannot be patented by simply reciting computers and the Internet. Furthermore, GTX’s attempted preemption of using tokens on the Internet clearly signals patent ineligible subject matter under Alice."
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