Invalidity under § 101 and defensive collateral estoppel defeat second DietGoal case

CaDietGoal Innovations LLC v. Time, Inc.

Case Number: 1:13-cv-08381

Last month, in DietGoal Innovations LLC v. Bravo Media LLC, Case No. 1:13–cv-08391–PAE, we reported on Judge Engelmayer’s invalidation of DietGoal’s U.S. Patent No. 6,858,516. (Link) He found the patent, which is entitled, “Method and system for computerized visual behavior analysis, training, and planning,” failed to meet the requirements of § 101 under the Mayo/Alice framework. At the same time, he gave the parties in this case two weeks to identify any reasons why this case should not be dismissed under the principles of defensive collateral estoppel.

This month, stating that DietGoal had a “full and fair opportunity and incentive to litigate” the patent in this forum, he dismissed the case. Should the Federal Circuit reverse or remand that Bravo case, he said, DietGoal will have a fresh opportunity to litigate against for Bravo and Time.

The articles on our Website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice.