SAN FRANCISCO — If at first you don’t succeed by inter partes review, try, try again in district court.
That’s how a consortium of social-media giants led by Facebook Inc. knocked out a patent on taking, tagging, organizing and storing digital photographs online. U.S. District Judge T.S. Ellis of the Eastern District of Virginia ruled Friday that a patent asserted by Marathon Patent Group Inc. subsidiary TLI Communications is directed to ineligible subject matter under Section 101, and two of its claims failed to recite sufficient subject matter under Section 112(f).
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