Remote Software Application Survives Alice Challenge

Inventions directed to “pure software” have arguably had the most difficult time surviving Alice challenges. Software is often characterized as an “abstract idea” without more, and the inventive step requirement in Alice seems difficult to prove absent a significant technological advancement. The Northern District of Georgia recently rejected its special master in favor of allowing a network-based software patent survive a patentable subject matter challenge.

 

The case of Tridia Corp. v. Sauce Labs, Inc., (Case No. 1:15-cv-2284, N.D. Georgia Sept. 28, 2016) analyzed a patent directed to “remote execution of computer programs over a network.” The invention was specifically directed to a problem found in demo programs where a purchaser would like to first sample a computer program before purchasing it. Previously, a user must download the demo program, install it, and then sample the program. The patent at issue allowed the user to remotely execute the program to sample it, removing several steps that may otherwise cause the purchaser’s interest in the program to wane, and therefore cause the purchaser not to buy the program.

 

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