Ohio State Innovation Foundation, which holds title to intellectual property developed by and for The Ohio State University, brought suit against Akamai, accusing the company of infringing U.S. Patent No. 9,531,522, which covers systems and methods for proactive resource allocation by which an algorithm monitors mobile user device history to automatically provide information that any particular user repeatedly requests during off-peak hours. Dr. El Gamal, the lead inventor and OSU professor, approached Akamai in 2013 about licensing the patent. Dr. El Gamal 2019s company, Inmobly, Inc., executed an NDA with Akamai and provided demonstration software. Akamai ultimately turned down the license, and subsequently filed its own patent application on similar technology. OSU filed suit when Akamai released its version.
Akamai moved to dismiss the complaint pursuant to Rule 12(b)(6), asserting that OSU did not (and could not) make a plausible assertion that Akamai 2019s software involves the machine learning required by the claims of the 2018522 patent. Judge Burroughs disagreed, however, finding Akamai 2019s own publications describing its software map out to the 2018522 specification and identify 201cmachine-learning-based algorithms, 201d and that therefore the complaint states a legally sufficient claim of patent infringement. Accordingly, she denied Akamai 2019s motion.
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