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Clear With Computers, LLC v. Altec Industries, Inc.

Representative Claim

61. A computer implemented method of generating a customized proposal for selling equipment to particular customers, the method comprising the steps of:

a) receiving in the conjurer information identifying a customer’s desired equipment features and uses, by

  1. presenting the customer with a plurality of questions relating to features and uses of the equipment, and
  2. receiving in the computer a plurality of answers to the questions, the answers specifying the customer’s desired equipment features and uses;

b) storing equipment pictures, equipment environment pictures, and text segments in the computer;

c) retrieving equipment information for use in generating the customized proposal, by

  1. electronically selecting in the computer a particular equipment picture in response to at least one of the answers,
  2.  electronically selecting in the computer a particular equipment environment picture in response to at least one of the answers, and
  3. electronically selecting in the computer a particular text segment in response to at least one of the answers; and

d) automatically compiling the gathered equipment information in the computer into the customized proposal.

Posture:

12(b)(6) motion to dismiss.

Abstract Idea: Yes

“Here, the asserted claims are directed to the abstract idea of creating a customized sales proposal for a customer. … The steps performed by the claimed computer elements are functional in nature and could easily be performed by a human. The claims essentially propose that, instead of a human salesman asking customers about their preferences and then creating a brochure from a binder of product pictures and text and using a rolodex to store customer information, a generic computer can perform those functions.”

Something More: No

“[T]he instant claims and the Ultramercial claims fail for the same reason: they comprise only “conventional steps, specified at a high level of generality, which is insufficient to supply an inventive concept.”