Posts Tagged: "RMail"

RPost Does Not Meet Any Definition of ‘Patent Troll’

RPost has been unfairly described as a patent troll. In fact, RPost is a privately held cybersecurity technology company that has been in operation since 2000. For at least the past two years, RPost has been listed as representative of vendors in Gartner’s Market Guide for Electronic Signature… Microsoft promotes RPost on its partner website for offering “an Outlook add-in that puts advanced email capabilities in the hands of any Microsoft Outlook or Office 365 user.” Its RMail product was even favorably reviewed and recommended by the American Bar Association.

Bob Zeidman

December 5, 2017

RMail v. Amazon.com: Can Invalidity Based on 35 U.S.C. § 101 Be Properly Raised as a Defense in Litigation?*

As pointed out astutely by RMail is that the Supreme Court jurisprudence on patent-eligibility under 35 U.S.C. § 101 have primarily involved ex parte prosecution appeals from the USPTO. There are only two instances involving patent litigation I’m aware of where the Supreme Court squarely determined patent-eligibility under 35 U.S.C. § 101: the recent case of Mayo Collaborative Services v. Prometheus Laboratories, Inc. (ruling that the claimed method was patent-ineligible under the “law of nature” doctrine); and the 2001 case of Pioneer Hi-Bred International v. JEM AG Supply (which ruled that sexually reproduced plants qualified as either “manufactures” or “compositions of matter” under 35 U.S.C. § 101). But as RMail correctly observed, no one seems to have pointed out to the Supreme Court this important threshold issue of statutory construction, and statutory limitations on the powers of the federal courts. Accordingly, Prometheus does not bar this Court from issuing a correct ruling in the present adversarial context.

Eric Guttag

September 13, 2012