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Kinglite Holdings Inc. v. Micro-Star International Co. Ltd

Representative Claim

  1. A method to securely invoke Basic Input and Output System (BIOS) services, comprising:

creating a service request to invoke BIOS services;

signing the service request with a service request signature generated using a private key in a cryptographic key pair; and

verifying the service request signature using a public key in the cryptographic key pair to ensure the integrity of the service request.

  1. The method of claim 9, further comprising:

performing a BIOS service indicated by a service operation code included in the service request.

Posture:

12(b)(6) Motion for Judgment on the Pleadings of patent ineligibility.

Abstract Idea: Yes

The Court agrees with Defendants that the ‘304 Patent claims are directed to a concept similar to those in Alice and Bilski. Thus, like the claims in those two cases, the claims at issue here are also directed to an abstract idea. As is evident from the claim language itself, Claim 9 simply describes steps for invoking the use of a particular service by (1) creating a request to use that service, and (2) ensuring that the request is capable of authentication through the use of mathematical algorithms. (See ‘304 Patent 24:36–45.) The Court agrees with Defendants’ characterization that these steps simply “implicate the concept of authentication or verification of a request.” (Mot. J. Pleadings 11:9–10.) As seen in CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1370–73 (Fed. Cir. 2011), claims reciting a method of authentication for security purposes are directed to an abstract idea.

Unlike the claims in DDR Holdings, the claims here recite an invention that involves conventional use of a computer. Neither Claim 9 nor Claim 11 manipulateinteractions between the BIOS and other data stored on computer systems. Rather, the claims simply add an authentication procedure that is triggered by a conventional request for BIOS services. The ‘304 Patent attempts to solve a problem of authentication for security purposes. Even if this solution occurs in the context of triggering BIOS services, authentication is not a problem “necessarily rooted in computer technology.” Id. at 1257.

Something More: No

Defendants argue that the ‘304 Patent’s claims do nothing more than carry out an authentication procedure using mathematical algorithms on a general purpose computer. (Mot. J. Pleadings 17:4–5.) … The Court agrees with Defendants. In light of Alice and Ultramercial, these claims cannot be viewed as adding an inventive concept.