Perform[cb] Invalidates Affiliate Pooling Patent Claims for Victory
On February 11, 2015, the U.S. District Court for the Central District of California granted a motion made by Clickbooth that challenged the validity of Essociate’s patent (Essociate, Inc. v. Clickbooth.com, LLC, SACV 13-1886 JVS (DFMx), U.S. District Court for the Central District of California).
The ruling has effectively invalidated Essociate’s affiliate pooling patent for being an “abstract idea” that is patent-ineligible under 35 U.S.C. §101. It comes approximately one year after Essociate initiated the patent infringement lawsuit against Clickbooth and more than five years after Essociate began filing lawsuits against companies it alleged were infringing upon the patent.