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Home | Merchant & Gould P.C.

<em>Decision holds certain patents invalid for claiming unpatentable subject matter</em>.

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Merchant &amp; Gould is pleased to announce that its client Patch My PC, LLC, a fast-growing patch management software company, won an important decision in a patent case on April 13 against Ivanti, Inc. &nbsp;

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Ivanti sued Patch My PC, alleging that it infringed three Ivanti patents. The patented technology is related to methods and systems for discovering software updates and then updating computers with the software as needed, across a network.

Patch My PC moved to dismiss the complaint, asserting that all three patents were invalid as unpatentable under 35 USC 101. The federal district court in Colorado granted the motion.

&nbsp;In finding the claims invalid under 35 USC 101, the court found the claims were directed at the abstract idea of “adding automation to a well-established manual process of identifying and fixing software bugs on computers.” The court also found that each representative claim of each patent “simply utilizes known components . . . in understood and conventional ways.” Ivanti has until April 20, 2023, to show cause why the case should not be dismissed in its entirety.

This decision is important to enterprises that manage networks. Automated systems for updating PCs and other computers are widespread to ensure network security and proper operation. Ivanti’s portfolio may have presented a threat to other patch system providers in the industry, and to customers who need to make sure their network of computers has updated software. If the patents are invalid, as the court found, the patents cannot be asserted against anyone else.

According to Patch My PC CEO Justin Chalfant, “We are very pleased by the result.&nbsp;We had clearly communicated to Ivanti our belief that the case was without merit even before Ivanti brought suit, and again before we filed our motion to dismiss. This result allows Patch My PC to keep its focus on taking care of its customers, which has always been its strength.”

Merchant &amp; Gould represented Patch My PC, and its litigation team crossed the firm’s Minneapolis, Denver, New York, and D.C.-area offices, including the following attorneys: Daniel W. McDonald, Peter A. Gergely, Ryan J. Fletcher, Kristen M. Souther, Peter S. Selness, and Paige S. Stradley, and technical advisor Yidi Wu.

Merchant & Gould Successfully Represents Patch My PC in Winning Patent Case with a Motion to Dismiss