AllRounds, Inc. v. eShares, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ALLROUNDS, INC., Case No. 20-cv-07083-VC

Plaintiff, ORDER DENYING CARTA

DEFENDANTS’ MOTION TO

v. DISMISS; DENYING DRAPER

DEFENDANTS’ MOTION TO

ESHARES, INC., et al., DISMISS; GRANTING IN PART AND

DENYING IN PART DFJ

Defendants. DEFENDANTS’ MOTION TO

DISMISS

Re: Dkt. Nos. 83, 85,

The motion to dismiss AllRounds’ patent claims for ineligibility under 35 U.S.C. § 101 is denied. The Court is skeptical that either patent is valid—both seem directed to the abstract idea of facilitating private investment by providing a more efficient and accurate way to analyze the financial data of private companies. See, e.g., Trading Technologies International, Inc. v. IBG LLC, 921 F.3d 1378, 1384 (Fed. Cir. 2019). But the complaint and its attachments raise potential issues of claim construction, as well as factual issues about the state of the industry when the patent applications were filed and when the allegedly infringing products entered the scene. Many of the allegations on these issues seem dubious, and it’s a close question whether to…