In 2012, Evolutionary Intelligence LLC, a patent licensing firm, filed a lawsuit in the Eastern District of Texas against L&A client, Foursquare Labs, Inc., and others for allegedly infringing two patents covering data management.


The L&A litigation team worked aggressively to transfer the case to a more convenient forum and to challenge the validity of the patents at the earliest possible opportunity.


The L&A litigation team succeeded in transferring the litigation to California, where Foursquare maintained an office.  There, L&A filed moved for judgment on the pleadings, arguing that the patents covered unpatentable subject matter and were therefore invalid.  The district court found in favor of Foursquare on all counts.  Evolutionary Intelligence appealed the judgment. The Federal Circuit held that the patents were invalid, finding that “the invention merely computerizes ‘age-old forms of information processing, such as those used in libraries, businesses and other human enterprises with folders, books, time cards, ledgers and so on.”  Click here to read the Federal Circuit opinion.