Planet Bingo, LLC v. Vkgs LLC
576 F. App'x 1005
Fed. Cir.2014Background
- Planet Bingo, LLC owns two patents directed to computer-aided management of bingo games and sues VKGS, LLC for infringement.
- The district court granted summary judgment that the asserted claims are invalid under § 101 as patent-ineligible abstract ideas.
- The court found that using a computer for these steps adds only conventional computer functionality and does not create an inventive concept.
- Planet Bingo appeals, and the court reviews the § 101 issue de novo under the Alice/Mayo framework.
- The claimed invention recites storing, retrieving, and verifying bingo-number sets, with a computer performing generic functions.
- Planet Bingo argues the real-world use handles large numbers of transactions; the court emphasizes the claims require at most two sets, a player, and a manager.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the claims directed to an abstract idea? | Planet Bingo contends the claims govern managing a bingo game and can be implemented with code and human activity. | VKGS argues the claims recite abstract idea of managing a game, with no technical improvement. | Yes; claims directed to an abstract idea. |
| Do the claims contain an inventive concept transforming them into a patent-eligible application? | Planet Bingo asserts complex computer code adds significance beyond abstract idea. | VKGS contends the computer elements are generic and do not provide an inventive concept. | No; no inventive concept sufficient for eligibility. |
Key Cases Cited
- Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (U.S. 2014) (framework: abstract idea plus transformative inventive concept)
- Bilski v. Kappos, 130 S. Ct. 3218 (U.S. 2010) (abstract ideas in organizing human activity)
- Gottschalk v. Benson, 409 U.S. 63 (U.S. 1972) (math algorithms not patentable)
- Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289 (U.S. 2012) (laws of nature require inventive concept for patent eligibility)
- In re Nuijten, 500 F.3d 1346 (Fed. Cir. 2007) (abstract ideas and technical limitations in claiming software signals)