from the United States District Court for the Western
District of Washington in No. 2:12-cv-01873-RAJ, Judge
Richard A. Jones.
Jonathan Daniel Baker, Farney Daniels PC, San Mateo, CA,
argued for plaintiff-appellant. Also represented by David P.
Swenson, Minneapolis, MN.
S. Parris, Orrick, Herrington & Sutcliffe LLP, Seattle,
WA, argued for defendants-appellees. Also represented by
Donald E. Daybell, Irvine, CA; Marc Shapiro, New York, NY;
Will Melehani, San Francisco, CA.
Lourie, Reyna, and Stoll, Circuit Judges.
sued Nintendo for patent infringement. The district court
found that RecogniCorp's patent claims ineligible subject
matter and, based on that finding, granted Nintendo's
motion for judgment on the pleadings. RecogniCorp appeals.
The patent's claims are directed to the abstract idea of
encoding and decoding image data, and the claims do not
contain an inventive concept sufficient to render the patent
eligible. Therefore, we affirm.
Patent No. 8, 005, 303 ("'303 patent") patent
is entitled "Method and Apparatus for Encoding/Decoding
Image Data." J.A. 17. It teaches a method and apparatus
for building a composite facial image using constituent
parts. See, e.g., J.A. 27 (col. 1 ll. 30-56 and col.
2 ll. 19- 28); J.A. 28 (col. 4 ll. 35-45).
to the invention disclosed in the '303 patent, composite
facial images typically were stored in file formats such as
"bitmap, " "gif, " or "jpeg."
But these file formats required significant memory, and
compressing the images often resulted in decreased image
quality. Digital transmission of these images could be
difficult. The '303 patent sought to solve this problem
by encoding the image at one end through a variety of image
classes that required less memory and bandwidth, and at the
other end decoding the images.
purposes of this appeal, we find amended claim 1 to be
representative. It recites:
1. A method for creating a composite image, comprising:
displaying facial feature images on a first area of a first
display via a first device associated with the first display,
wherein the facial feature images are associated with facial
feature element codes;
selecting a facial feature image from the first area of the
first display via a user interface associated with the first
device, wherein the first device incorporates the selected
facial feature image into a composite image on a second area
of the first display, wherein the composite image is
associated with a composite facial image code having at least
a facial feature element code and wherein the composite
facial image code is derived by performing at least one