United States District Court, D. Delaware
Stamatios Stamoulis, STAMOULIS & WEINBLATT LLC,
Wilmington, DE; Jay Johnson (argued), KIZZIA JOHNSON, PLLC,
Dallas, TX. Attorneys for Plaintiff.
D. Anderson, FISH & RICHARDSON, P.C., Wilmington, DE;
Michael Vincent (argued) and Ricardo Bonilla, FISH &
RICHARDSON, P.C., Dallas, TX. Attorneys for Defendant
Jennifer Ying, MORRIS NICHOLS ARSHT & TUNNELL LLP,
Wilmington, DE; Brian B. Michalek (argued), OLSEN &
CEPURITIS, LTD, Chicago, IL. Attorneys for Defendant Stitch
ANDREWS, U.S. DISTRICT JUDGE
before the Court are Defendant Payoneer, Inc.'s and
Defendant Stitch Lab, Inc.'s Motions to Dismiss under 35
U.S'.C. § 101. (C.A. 18-444, D.I. 7; C.A. 18-445,
D.I. 9). The Parties have fully briefed the issue. (C.A.
18-444, D.I. 8, 17, 18; C.A. 18-445, D.I. 10, 14, 15). I
heard argument on October 24, 2018. ("Tr." (D.I.
21)). For the reasons set out below, I will
grant Defendants' motions.
filed suit against Defendants on March 23, 2018 alleging
infringement of U.S. Pat. No. 9, 569, 755 ('"755
Patent"). (D.I. 1). The '755 Patent covers a method
which "facilitate[s] the record keeping associated with
online transactions." ('755 Patent at 1:14-15).
of the Patent is representative:
9. A method of delivery of transaction data to a financial
management program comprising:
using a network device to conduct an online financial
transaction with a commercial web server;
searching, by a financial assistant on the network device, a
set of transmitted data related to the online financial
determining, by the financial assistant on the network
device, whether the searched data comprises transaction data
for the online financial transaction;
when the searched data comprises transaction data in a first
data structure compatible with conducting the online
financial transaction, copying and storing, by the financial
assistant on the network device, the transaction data and
additional transaction data not included in the transmitted
transaction data into in [sic] a second data structure
compatible with the financial management program, wherein the
second data structure differs from the first data structure.
('755 Patent, claim 9).
specification provides some general guidance on the various
instrumentalities used to complete the method. A
"commercial web server" is a commercial website
such as Amazon. (Id. at 3:10-12). The
"financial assistant" may be "any type of
executable code." (Id. at 3:27-29). The
"network device" is a computer, pager, cellphone or
"other communication device." (Id. at
3:5-8). The "financial management program" is a
program like Quicken. (Id. at 3:8-10). And the
"transaction data" collected by the assistant