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Helios Software, LLC v. Spectorsoft Corp.

Representative Claim

  1. A method of remotely monitoring an exchange of data between a local computer and a remote computer during an Internet session over the Internet, the method comprising the steps of:

(a) storing at a local computer an Internet server address and port number of a monitor computer;

(b) initiating a first Internet session between the local computer and a remote computer via the Internet;

(c) storing at the local computer data associated with the first Internet session;

(d) retrieving the Internet server address and port number stored at the local computer;

(e) initiating concurrent with the first Internet session a second Internet session between the local computer and the monitor computer at the retrieved Internet server address and port number;

(f) transmitting from the monitor computer to the local computer at least one of another Internet server address and another port number;

(g) terminating the second Internet session;

(h) initiating concurrent with the first Internet session a third Internet session between the local computer and the monitor computer using the other Internet server address and/or the other port number; and

(i) transferring from the local computer to the monitor computer via the third Internet session the stored data associated with the first Internet session.

Posture:

Motion for summary judgment.

Abstract Idea: No

“… the patents-in-suit are drawn to remotely monitoring data associated with an Internet session and controlling network access. [Defendant] makes no effort to show that these ideas are fundamental truths or fundamental principles the patenting of which would pre-empt the use of basic tools of scientific and technological work. Although “remotely monitoring data associated with an Internet session” or “controlling network access” may be principles fundamental to the ubiquitous use of the Internet or computers generally, [Defendant] has provided no support for that position.”

Something More: Yes

“… even if the asserted claims were drawn to abstract ideas, the claims would remain patentable because they satisfy the machine-or-transformation test.”