WhatsApp Inc., the mobile messaging company that was acquired by Facebook Inc. for $22 billion last year, failed Tuesday to persuade a judge that a Delaware federal court should fully reject a patent at the heart of an infringement lawsuit brought by cloud services company TriPlay Inc.
WhatsApp’s lawyers at Latham & Watkins, led by Douglas Lumish, had urged the court to rule that TriPlay’s patent for a “messaging system and method” failed to meet patent eligibility requirements set forth in Section 101 of the Patent Act. That argument only partly swayed U.S. Magistrate Judge Christopher Burke, who recommended Tuesday that TriPlay be allowed to proceed with its patent virtually intact.
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