AI Visualize, Inc. v. Nuance Commc’ns, Inc.

Authored by: Jeremy J. Gustrowsky

A recent decision from the Federal Circuit highlights the ongoing challenges of patenting software-based inventions, especially those involving data processing and remote access. In this case, AI Visualize, Inc. attempted to enforce four patents (U.S. Patent Nos. 8,701,167; 9,106,609; 9,438,667; and 10,930,397) covering methods for viewing advanced medical scans over the internet. The technology aimed to let users access three-dimensional medical images remotely, without needing to download massive data files to their own computers.

The court, however, found that the core of these patents was simply the idea of retrieving and displaying user-requested information stored remotely—something that is considered an “abstract idea” under U.S. patent law. The judges explained that while the patents described a system for managing and displaying medical images, the claims themselves were written in very broad, functional terms. They did not specify any new or improved computer technology, but rather used standard computer components and processes to achieve the result.

Importantly, the court noted that just because the system allowed users to view images “on the fly” or in “real time” did not make the invention patent-eligible. The ability to create and display virtual views from existing data was already known in the field, and the patents did not describe any inventive way of doing this beyond using conventional technology. As a result, the court affirmed the dismissal of AI Visualize’s lawsuit, finding the asserted claims invalid for claiming ineligible subject matter.

This decision serves as a reminder that to be patentable, software and data processing inventions must do more than automate known processes or use generic computer functions. They must provide a specific, inventive solution to a technical problem, not just recite the desired outcome in broad terms.