United States District Court, D. Delaware
Timothy Devlin, DEVLIN LAW FIRM LLC, Wilmington, DE; Eugenio
J. Torres-Oyola and Jean G. Vidal Font, FERRAIUOLI LLC, San
Juan, PR, attorneys for Plaintiff.
D. Anderson, FISH & RICHARDSON P.C., Wilmington, DE; Neil
J. McNabnay, Ricardo J. Bonilla, and Theresa M. Dawson, FISH
& RICHARDSON P.C., Dallas, TX, attorneys for Defendant.
ANDREWS, U.S. DISTRICT JUDGE
pending before the Court is Defendant's Motion to Dismiss
pursuant to Federal Rule of Civil Procedure 12(b)(6). (D.I.
10). The parties have fully briefed the issues. (D.I. 11, 15,
18, 23). Oral argument is unnecessary. After full
consideration of the briefing, Defendant's motion is
September 27, 2018, Plaintiff RICPI Communications LLC filed
suit against Defendant JPS Interoperability Solutions, Inc.
alleging infringement of at least claim 1 of U.S Patent No.
7, 333, 806 ("the '806 patent"). (D.I. 1).
Defendant has filed a motion to dismiss the infringement
claims as invalid under 35 U.S.C. § 101. (D.I. 10). The
'806 patent concerns a radio over internet protocol
("RoIP"). ('806 patent abstract).
of the '806 patent is representative and reads as
1. A system for two-way radio communication comprising:
(a) a first two-way radio comprising:
(i) a means for selecting and transmitting a signal code to a
shared, public base/repeater station; and (ii) a means for
sending two-way radio communication signals to said shared,
public base/repeater station; (iii)a means for receiving
two-way radio communication signals from said shared, public
(b) said shared, public base/repeater station comprising:
(i) a base/repeater station decoder at said shared, public
base/repeater station for decoding the signal code from said
first two-way radio into a signal that is recognized by a
base/repeater station controller located at said shared,
public base/repeater station and transferring said signal to
said base/repeater station controller via a dedicated
(ii) wherein said base/repeater station controller comprises
a means for receiving said decoded signal from said
base/repeater station decoder and correlating said decoded
signal to one or more internet addresses associated with at
least one target base station by which there is established a
bi-directional computer network link with said at least one
target base station using said internet address for the
exchange of two-way radio communication signals;
(iii) wherein said shared, public base/repeater station
further comprises a means for sending and receiving two-way
radio communication signals to ...