Just two weeks after JPMorgan Chase & Co. persuaded a federal judge that three Intellectual Ventures LLC patents failed the test for patent eligibility under Section 101 of the Patent Act, Intellectual Ventures has beaten back a parallel defense in its related infringement case against Capital One Financial Corp.
Special patent master Raphael Lupo in Greenbelt, Maryland, on Tuesday recommended that a judge reject arguments by Capital One, which faces claims that it infringed multiple Intellectual Ventures patents. The bank’s lawyers at Latham & Watkins, Troutman Sanders and Kirkland & Ellis had moved for summary judgment on the grounds that two of the patents in the suit cover abstract concepts, making them ineligible for protection under Section 101 and the U.S. Supreme Court’s June 2014 ruling in Alice v. CLS Bank.
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