Matthew Powers may have thought he’d get even richer by switching sides in the patent wars to open his own plaintiffs shop, Tensegrity Law Group. But he’s not racking in the cash yet.
Powers, and his team at Tensegrity, lost the first patent suit that he filed after leaving Weil Gotshal & Manges. On Tuesday, Northern District Judge Edward Chen dismissed an infringement suit for Tensegrity client OIP Technologies Inc, a tiny Menlo Park company. The suit accuses online retailer Amazon of infringing OIP’s one and only patent, which is related to the automatic pricing of online goods and services.
Chen granted Amazon’s motion to dismiss, filed by attorneys at Latham & Watkins, saying that because OIP’s patent describes an abstract idea, it’s not eligible for patent protection.
The patent’s “claimed steps are not meaningfully distinguishable from those found ineligible under Supreme Court and Federal Circuit authority,” Chen said. “In simple English, the ‘713 patent in essence teaches nothing more than the calculation of a demand curve based on consumer response to different price points.”