Customedia Technologies v. Dish Network

Baker Botts LLP secured a precedential win for DISH Network.

The U.S. Court of Appeals for the Federal Circuit ruled in favor of Baker Botts client DISH Network by holding that merely configuring a computer to implement an improvement to an abstract concept is not patent-eligible.

In the case, the Court affirmed the Patent Trial Appeal Board’s decision to strike down claims directed to an improvement to user-targeted advertising in a media network such as a set-top box and content network. The precedential decision provides much-needed guidance to courts and the USPTO when facing the difficult problem of applying the Alice v. CLS Bank decision to computer-implemented inventions.

Baker Botts successfully argued that the claims at issue are directed to the abstract idea of using a computer to deliver targeted advertising to a user, not to an improvement in the functioning of a computer.

The Baker Botts team included partners Eliot Williams (Picture), Ali Dhanani, G. Hopkins Guy, Jamie Lynn, Lauren Dreyer,  Michael Hawes and Bradley Bowling.

Involved fees earner: Bradley Bowling – Baker Botts; Ali Dhanani – Baker Botts; Lauren Dreyer – Baker Botts; Hopkins Guy III – Baker Botts; Michael Hawes – Baker Botts; Jamie Lynn – Baker Botts; Eliot Williams – Baker Botts;

Law Firms: Baker Botts;

Clients: DISH Network LLC;

Author: Ambrogio Visconti