Worlds Inc. v. Activision Blizzard Inc.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent

Question(s) Presented

“In the mid-1990s, petitioner Worlds invented computer software with protocols that allowed an increased number of players to access a three-dimensional virtual world simultaneously, and provided customizable settings to adapt to each user’s computer hardware capabilities. On a motion for summary judgment under 35 U.S.C. § 101, the district court concluded that the patented claims were directed to the abstract idea of filtering. Further, while the movant submitted no evidence to support a finding in its favor, the district court found that the claims recited only well-known, routine, and conventional features and held the claims ineligible.”

“The questions presented are as follows:”

  1. “What is the appropriate standard for determining whether a patent claim is ‘directed to’ a patent-ineligible concept under step one of the Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101?”
  2. “Whether a movant seeking a ruling of patent-ineligibility under Section 101 as a matter of law can prevail on step two where the movant submits no evidence of what was well-known, routine, and conventional in the industry as of the date of invention?”