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Mobile Telecommunications Technologies, LLC v. Leap Wireless International, Inc. et al.

Representative Claim

  1. A method of operating a plurality of paging carriers in a single mask-defined, bandlimited channel comprising the step of transmitting said carriers from the same location with said carriers having center frequencies within said channel such that the frequency difference between the center frequency of the outer most of said carriers and the band edge of the mask defining said channel is more than half the frequency difference between the center frequencies of each adjacent carrier.

Posture:

Rule 12(C) – Motion for Judgment on the Pleadings.

Abstract Idea: No

“The Court finds that under Mayo step one, claim 1 of the ’891 patent is not directed to an “abstract idea.” See Alice, 134 S.Ct. at 2355. Claim 1 teaches a way of transmitting “paging carriers” in a “bandlimited channel” where the “paging carriers” are transmitted from the “same location” and are modulated with reference to two different frequencies: one frequency at the “band edge of the mask” and the other frequency at the center frequency of “each adjacent carrier.” (’891 patent, col. 6 ll. 4–12.) Transmitting “paging carriers” from “the same location” and modulating their transmission frequencies is not an abstract idea in the vein of “a fundamental economic practice.” See Alice, 134 S.Ct. at 2356–57.”

Something More: N/A

“The Court finds that claim 1 is not directed to an abstract idea and is therefore patent-eligible under § 101. But assuming that claim 1 is directed to an abstract idea, under Mayo step two, the additional elements of the claim would transform it into a patent-eligible application.”