Legal Opinion · Dissent

Mymail, Ltd. v. Oovoo, LLC

Court of Appeals for the Federal Circuit

Decided August 16, 2019No. 2018-1758, 2018-1759Published

1DissentLourie, Circuit Judge

I respectfully dissent from the majority's decision to vacate a thorough and well-reasoned district court decision based on a claim construction issue that is little more than a mirage. In my view, the claims at issue are clearly abstract, regardless of claim construction. Since the majority declines to dispute that conclusion, I submit that we should resolve the legal question of eligibility and simply affirm.

Resolution of this case should have been simple. In Electric Power Group, LLC v. Alstom S.A. , 830 F.3d 1350 (Fed. Cir. 2016), this court, summarizing numerous precedents, held that the…

2Cases cited6 opinions

  1. Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
  2. Electric Power Group, LLC v. Alstom S.A.Court of Appeals for the Federal Circuit · 2016
  3. Affinity Labs of Texas, LLC v. Directv, LLCCourt of Appeals for the Federal Circuit · 2016
  4. Secured Mail Solutions LLC v. Universal Wilde, Inc.Court of Appeals for the Federal Circuit · 2017
  5. Ansonia Brass & Copper Co. v. Electrical Supply Co.Supreme Court of the United States · 1892

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