4:24-cv-04927•Swarm Technology LLC v. Hewlett Packard Enterprise Company
Swarm Technology LLC v. Hewlett Packard Enterprise Company
4:24-cv-04927Txsd29 juil. 2026
Texte intégral
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Swarm Technology LLC, Plaintiff, v. Hewlett Packard Enterprise Company, Defendant. § § § § § § § § Civil Action H-24-4927 MEMORANDUM AND RECOMMENDATION This case has been referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636(b)(1). ECF No. 36. Pending before the court is Defendant’s Motion for Leave to Amend Answer, ECF No. 68, and Defendant’s Motion for Judgment on the Pleadings, ECF No. 90. The court recommends that Defendant’s Motion for Judgment on the Pleadings, ECF No. 90, be GRANTED. HPE’s Motion for Leave to Amend, ECF No. 68, is DENIED as MOOT. 1. Background Swarm Technology LLC (Swarm) filed this lawsuit against Hewlett Packard Enterprise Company (HPE), alleging infringement of U.S. Patent No. 12,159,1611 (the ’161 Patent). ECF No. 30. The court held a claim construction (Markman2) hearing and entered its claim construction order. ECF Nos. 79, 88. The ’161 Patent is titled “System and Method for Swarm Collaborative Intelligence Using Dynamically Configurable Proactive Autonomous Agents.” The patent “generally relates to 1 Where citing to the specification and claims of the ’161 Patent, the court uses the format “column:lines,” without naming the patent each time. 2 Markman v. Westview Instruments, 517 U.S. 370 (1996). United States District Court Southern District of Texas ENTERED July 29, 2026 Nathan Ochsner, Clerk Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 1 of 18
2 parallel-process computing, and particularly to a processing architecture which involves autonomous co-processors configured to proactively retrieve tasks from a task pool populated by a central processing unit.” 1:19–23. The ’161 Patent’s specification explains that traditional computer processors execute machine coded instructions serially. 1:47–48. It states that, “[t]o run a plurality of applications concurrently, a single processor interleaves instructions from various programs and executes them serially, although from the user’s perspective the applications appear to be processed in parallel.” 1:47–52. Parallel processing, in contrast, breaks computational tasks into individual blocks and distributes them to two or more processors. 1:52–55. The processors then execute the tasks. 1:55–60. The specification explains that typical parallel processing systems include a central processing unit (CPU) and one or more co-processors. 1:61–64. The CPU sections off tasks and distributes them to the co-processors. 1:62–64. According to the specification, that process is disadvantageous because “a significant amount of CPU bandwidth is consumed by task distribution; waiting for tasks to be completed before distributing new tasks (often with dependencies on previous tasks); responding to interrupts from co-processors when a task is completed; and responding to other messages from co-processors.” 2:1–7. In its “Summary of Invention,” the ’161 Patent states that: Various embodiments of a parallel processing computing architecture include a CPU configured to populate a task pool, and one or more co-processors configured to proactively retrieve threads (tasks) from the task pool. Each co-processor notifies the task pool upon completion of a task, and pings the task pool until another task becomes available for processing. In this way, the CPU communicates directly with the Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 2 of 18
3 task pool, and communicates indirectly with the co- processors through the task pool. 2:16–24. Swarm alleges in its complaint that it created a new multiprocessor architecture and “modified the structure, operation, and arrangement of components within the multiprocessor system[.]” ECF No. 30 at 4. According to Swarm, it “interposed an intermediate device – the task pool – between the CPU and the co-processors” and, under its system, “the co- processors proactively retrieve and process tasks without requiring communication from the CPU.” Id. at 5. Such modifications, Swarm alleges, improve efficiency and allow the system to be more resilient to CPU overloading or temporary disconnection. Id. at 5–6. The ’161 Patent itself, however, tells a different story. The specification repeatedly states that “[i]n various embodiments, the co-processors may also communicate directly with the CPU.” 3:2– 3 (emphasis added). According to the specification, “[i]n some embodiments, the CPU 11 communicates with the cells 12 only indirectly through the task pool. In other embodiments, the CPU 11 may also communicate directly with the cells 12 without using the task pool as an intermediary.” 4:51–55 (emphasis added); see also 8:26–27 (“a cell may be acted upon or instructed directly by the CPU”); see also 12:59–61 (“In an embodiment, the controller and the first co-processor are configured communicate with each other directly and through the task pool.”). Thus, as some embodiments do not require that the task pool be interposed between the CPU and the co-processors, Swarm’s argument that its invention relates to an architecture requiring interposition of the task pool between the CPU and the co-processors is undermined directly by the specification itself. Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 3 of 18
4 The ’161 Patent describes many different embodiments of parallel processing systems and encompasses a nearly endless variety of applications. For example, the specification states that: Various embodiments relate to parallel processing computing systems and environments, from simple switching and control functions to complex programs and algorithms including, without limitation: data encryption; graphics, video, and audio processing; direct memory access; mathematical computations; data mining; game algorithms; ethernet packet and other network protocol processing including construction, reception and transmission of data the outside network; financial services and business methods; search engines; internet data streaming and other web-based applications; execution of internal or external software programs; switching on and off and/or otherwise controlling or manipulating appliances, light bulbs, consumer electronics, and the like, e.g., in the context of the Internet-of-Things. 4:16–30. It broadly states that “[v]arious features may be incorporated into any presently known or later-developed computer architecture.” 4:31–36. The specification continues by stating that the memory units, cells, and task pool “may be ohmically or wirelessly interconnected to communicate with the CPU and/or with each other via the switching fabric.” 4:48–51 (emphasis added). The CPU may also retrieve and execute a task from the task pool. 7:34–35 (emphasis added). Also of note, and as the court alluded to above, the ’161 Patent’s language indicates that the system’s components may be generic computer components (e.g., a personal computer, smartphone, tablet, or Internet-of-Things device). 5:24–51. The specification does not describe any previously unknown computer components. The U.S. Patent and Trademark Office (PTO) issued the ’161 Patent on December 3, 2024. The ’161 Patent states that it is a continuation of several patents and applications that came before Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 4 of 18
5 it. 1:8–15. Preceding the ’161 Patent is the ’275 Patent, which is a continuation of U.S. Patent No. 9,852,004, (the ’004 Patent) issued on December 26, 2017, which is a continuation of U.S. Patent No. 9,146,777, (the ’777 Patent) issued on September 29, 2015. Id. Several of the patents prior to the ’161 Patent have been the subject of litigation. See, e.g., Juniper Networks Inc. v. Swarm Tech. LLC, No. 3:20-CV-03137, 2022 WL 3031211 (N.D. Cal. Aug. 1, 2022) (considering Swarm’s ’777 Patent); see also Swarm Tech. LLC v. Amazon.com Inc., No. CV-21-00438, 2022 WL 3585835 (D. Ariz. Aug. 22, 2022) (considering a representative claim from Swarm’s ’004 Patent). Only Claims 22 and 35 of the ’161 Patent remain at issue in this case. ECF No. 90 at 13; ECF No. 93 at 8 n.1. Both claims, in their entirety, are included below. Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 5 of 18
6 16:19–46. 20:20–49. HPE asks for judgment on the pleadings and argues that the ’161 Patent claims are not eligible for patent protection under the Patent Act, 35 U.S.C. § 101. ECF No. 90. HPE also asks for leave to amend its answer to add a claim of inequitable conduct. ECF No. 68. As the court has stated before, the court has read and carefully considered all the parties’ arguments and briefing. For reasons of judicial economy, however, the court has not addressed in writing every single argument that the parties have made. The parties should thus not assume that the court has failed to consider Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 6 of 18
7 an argument or factual matter that is not specifically discussed herein. 2. Judgment on the Pleadings Legal Standard Rule 12(c) allows a party to move for judgment after the pleadings are closed and “is designed to dispose of cases where the material facts are not in dispute and a judgment on the merits can be rendered by looking to the substance of the pleadings and any judicially noticed facts.” Garza v. Escobar, 972 F.3d 721, 727 (5th Cir. 2020) (quoting Great Plains Tr. Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 312 (5th Cir. 2002)). In analyzing the complaint, courts apply the same standard as for Rule 12(b)(6). Id. at 727. Courts accept the complaint’s well-pleaded facts as true and view them in the light most favorable to the plaintiff. Great Plains Tr. Co., 313 F.3d at 312–13 (quoting Jones v. Greninger, 188 F.3d 322, 324 (5th Cir. 1999)). Courts do not accept conclusory allegations or unwarranted deductions of fact. Id. at 313. 3. Swarm’s Objections to Matters Outside the Pleadings Swarm objects that HPE cited to or otherwise included several materials in its motion that the court cannot consider at this stage. ECF No. 93 at 6–7. Swarm objects that the court cannot properly consider HPE’s technology tutorial, multiple sentences in HPE’s brief, and references to the Markman hearing transcript because those matters are not part of the pleadings. Id. HPE responds in a footnote that the court may properly take judicial notice of each document it cited. ECF No. 95 at 9 n.1. “If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56.” Fed. R. Civ. P. 12(d). When considering a motion to dismiss, the court must limit itself to: (1) the facts in the complaint; (2) Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 7 of 18
8 documents attached to the complaint; and (3) matters of which the court may take judicial notice. Walker v. Beaumont Indep. Sch. Dist., 938 F.3d 724, 735 (5th Cir. 2019). The court need not determine whether the objected-to documents are properly before the court because they do not affect the court’s analysis. Thus, excluding the documents does not prejudice HPE in any way. Swarm’s objections are SUSTAINED and the matters are EXCLUDED from the court’s consideration. 4. Analysis Patent-eligible subject matter is defined as “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof[.]” 35 U.S.C. § 101. The Supreme Court has “long held that this provision contains an important implicit exception: Laws of nature, natural phenomena, and abstract ideas are not patentable.” Alice Corp. v. CLS Bank Int’l, 573 U.S. 208, 216 (2014). When a patent claim is alleged to involve one of the three excluded types of subject matter, courts must follow the two-step test for examining patent eligibility articulated in Alice. Universal Secure Registry LLC v. Apple Inc., 10 F.4th 1342, 1346 (Fed. Cir. 2021). First, the court determines whether the claims at issue are directed to a judicial exception, such as an abstract idea. Alice, 573 U.S. at 218. If so, at step two the court must “examine the elements of the claim to determine whether it contains an ‘inventive concept’ sufficient to ‘transform’ the claimed abstract idea into a patent- eligible application.” Id. at 221 (quoting Mayo Collaborative Servs. v. Prometheus Labs, Inc., 566 U.S. 66, 78–79 (2012)). The Federal Circuit has recently explained that, although the two steps of the Alice framework are distinct, the two inquiries often overlap. GoTV Streaming, LLC v. Netflix, Inc., 166 F.4th 1053, 1067 (Fed. Cir. 2026). “Step one focuses on the legal issue of Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 8 of 18
9 the meaning of the claims and specification . . . which at least typically ‘can be answered based on the intrinsic evidence,’ whereas step two focuses on often-factual issues of real-world knowledge and practices[.]” Id. Patent eligibility is a question of law that may be based on underlying factual findings. Berkheimer v. HP Inc., 881 F.3d 1360, 1365 (Fed. Cir. 2018). “Like other legal questions based on underlying facts, [patent eligibility] may be, and frequently has been, resolved on a Rule 12(b)(6) or (c) motion where the undisputed facts, considered under the standards required by that Rule, require a holding of ineligibility under the substantive standards of law.” SAP Am., Inc. v. InvestPic, LLC, 898 F.3d 1161, 1166 (Fed. Cir. 2018); Universal Secure Registry, 10 F.4th at 1346 (stating that patent eligibility can be determined at the motion to dismiss stage when there are no factual allegations that prevent determining eligibility as a matter of law). In ruling on a motion to dismiss, the court need not accept as true allegations that contradict matters properly subject to judicial notice, such as the claims and the patent specification. Secured Mail Sols. LLC v. Universal Wilde, Inc., 873 F.3d 905, 913 (Fed. Cir. 2017). The Federal Circuit “has determined claims to be patent-ineligible at the motion to dismiss stage based on intrinsic evidence from the specification without need for ‘extraneous fact finding outside the record.’” Id. at 912. A. Alice Step One The parties dispute whether the claims of the ’161 Patent are directed to an abstract idea. HPE argues that “the claims are directed to the abstract idea of organizing activity by collecting, processing, and reporting information.” ECF No. 90 at 16. Swarm argues that “[t]he character of claim 22 (and 35 as well) as a whole is directed to an improved parallel multiprocessor computing architecture,” and that the claims focus on “how tasks are Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 9 of 18
10 managed in order to improve the function of the computer.” ECF No. 93 at 15, 19. The exclusion of abstract ideas from patent eligibility embodies “the longstanding rule that ‘an idea of itself is not patentable.’” Alice, 573 U.S. at 218 (quoting Gottschalk v. Benson, 409 U.S. 63, 67 (1972)). Under Alice step one, the court considers the claims in their entirety “to ascertain whether their character as a whole is directed to excluded subject matter.” Two-Way Media Ltd. v. Comcast Cable Commc’ns, LLC, 874 F.3d 1329, 1337 (Fed. Cir. 2017) (quoting Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1346 (Fed. Cir. 2015)). The analysis “requires ‘an accurate characterization of what the claims require and of what the patent asserts to be the claimed advance.’” Trs. of Columbia Univ. in City of New York v. Gen Digital Inc., 169 F.4th 1320, 1329 (Fed. Cir. 2026) (quoting TecSec, Inc. v. Adobe Inc., 978 F.3d 1278, 1294 (Fed. Cir. 2020)). Although the specification is relevant to the construction of the claims, it is the claims that define the invention and whether patentable subject matter exists. Id. (explaining that “reliance on the specification must always yield to the claim language”). “[T]he decisional mechanism courts now apply is to examine earlier cases in which a similar or parallel descriptive nature can be seen—what prior cases were about, and which way they were decided.” Amdocs (Israel) Ltd. v. Openet Telecom, Inc., 841 F.3d 1288, 1294 (Fed. Cir. 2016). The court looks to “whether the claims in the patent focus on a specific means or method, or are instead directed to a result or effect that itself is the abstract idea and merely invokes generic processes and machinery.” Two-Way Media, 874 F.3d at 1337. “Automation or digitization of a conventional method of organizing human activity like the creation of a travel log on a computer does not bring the claims out Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 10 of 18
11 of the realm of abstractness.” Weisner v. Google LLC, 51 F.4th 1073, 1083 (Fed. Cir. 2022). The Federal Circuit has recently considered multiple relevant patents and determined that the claims were directed to an abstract idea. Claims are directed to an abstract idea if they use purely “result-focused functional language, containing no specificity about how the purported invention achieves those results[.]” GoTV Streaming, 166 F.4th at 1064 (emphasis added). The Federal Circuit has further explained that, as to the abstract idea analysis in the context of computers, their networks, and their activities: On one side of the line (requiring a determination favoring the patent challenger at step one) are claims that simply call for the use of computers and networks as tools to carry out an abstract idea, using their ordinary functions without specific hardware or process advances in those functions—e.g., receiving inputs, storing and retrieving, processing, outputting (including displaying), and transmitting. On the other side of the line (ending the Alice inquiry, without proceeding to step two) are claims that call for a concrete asserted improvement in how those functions are carried out, which requires more than result- focused functional language and more than just using those functions in the context of specifically identified content. Id. at 1064 (emphasis in original). In GoTV Streaming, decided just recently, the plaintiff owned patents claiming methods and systems for delivering content to a wireless device (i.e., for visual content, placing the content on the device’s screen) and tailoring the specifications for the content to the screen size of the wireless device. 166 F.4th at 1055. The court found that the claims were directed to the abstract idea of a generic template set of specifications that can be tailored to final production of a specified product. Id. at 1065. The court Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 11 of 18
12 found that the claims did not call for any new hardware or for other improvements in the rendering processes or in ordinary computer functions. Id. at 1065–66. There was “no improvement of computer/network operations in their ordinary functions, just the use of ordinary functions as a tool for executing the abstract idea.” Id. at 1066. In another very recent case, the Federal Circuit explained that a patent related to antivirus computer software was directed to the abstract idea of comparing data against a model. Trs. of Columbia, 169 F.4th at 1332. The patent claims disclosed a process by which an “emulator” executed a portion of a program and compared the emulated program to a “model of function calls,” which showed how the program should typically perform. Id. at 1326. The specification explained that by dividing the task between different computers, a complete model could be created more quickly than one computer working on its own. Id. at 1330. There, the plaintiff had conceded that such “a divide-and-conquer approach where multiple computers collaborate on a single task is an abstract idea.” Id. The plaintiff argued, however, that the asserted claims recited various technological improvements, which directed the claims to something non-abstract. Id. The court found, however, that “these supposed improvements are not what the claims are directed to, i.e., the supposed improvements are not required by the language of the asserted claims at all.” Trs. of Columbia, 169 F.4th at 1330. The court found that claims cannot be “directed to a technological improvement when nothing in the claims requires the steps necessary to make the improvement.” Id. at 1331 (citing GoTV Streaming, 166 F.4th at 1061). The court stated that “[i]n the software context, Alice step one ‘often turns on whether the claims focus on the specific asserted improvement in computer capabilities’ rather than ‘an abstract idea for which computers are Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 12 of 18
13 invoked merely as a tool.’” Id. at 1329 (quoting Finjan, Inc. v. Blue Coat Sys., Inc., 879 F.3d 1299, 1303 (Fed. Cir. 2018)). In contrast, the Federal Circuit has found that claims describing a specific improvement in computer capabilities are not directed to an abstract idea. In Enfish, LLC v. Microsoft Corp., 822 F.3d 1327 (Fed. Cir. 2016), the Federal Circuit considered patents related to a logical model for a “self-referential” computer database. Id. at 1330. The court focused its analysis on whether the claims were directed to a specific improvement in computer capabilities or instead directed to an abstract idea for which computers were invoked merely as a tool. Id. at 1335–36. The court found that the claims were directed to an improvement to computer functionality—the way computers manage data embodied in the self-referential table. Id. at 1336. The claims at issue were “not simply directed to any form of storing tabular data, but instead [were] specifically directed to a self-referential table for a computer database.” Id. at 1337 (emphasis in original). In another case, the Federal Circuit found that the patent at issue claimed an improvement to computer memory systems and was not directed to an abstract idea. Visual Memory LLC v. NVIDIA Corp., 867 F.3d 1253, 1255 (Fed. Cir. 2017). The patent described a memory system with programmable operational characteristics that could be tailored for use with multiple processors without a reduction in performance. Id. at 1255–56. The patent claims did not recite generic types and forms of data storage. Id. at 1259. Instead, the court found that the claims focused on an enhanced computer memory system, which was a “specific asserted improvement in computer capabilities” and not on an abstract idea for which computers are invoked as merely a tool. Id. at 1259–60. Many courts that have considered patent claims very similar to those at issue here have determined that such claims are Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 13 of 18
14 directed to an abstract idea. For example, a patent was directed to the abstract idea of distributed processing akin to the military’s command and control system where the claims described a system and method “of using a network of multiple actors to efficiently and reliably . . . complete a task by breaking down the job into small pieces, each handled by a different actor organized within an internal hierarchy.” Appistry, Inc. v. Amazon.com, Inc., No. C15- 311, 2015 WL 4210890, at *2 (W.D. Wash. July 9, 2015), aff’d, 676 F. App’x 1007 (Fed. Cir. 2017). Similarly, in Juniper Networks, the court considered Swarm’s ’777 Patent. The court found that the claims were “drawn to the abstract idea of retrieving and completing tasks from a task pool.” Juniper Networks, 2022 WL 3031211, at *5. The court explained that “[s]crum boards are an apt analogy, but the principles of allocating tasks among workers and workers proactively seeking more tasks upon completion without direction from a project manager has been practiced throughout history and across industries.” Id. The court found that such a fundamental and long prevalent practice was a quintessential abstract idea. Id. Here, Swarm’s claims fall squarely within the ambit of an abstract idea, similar to the claims at issue in Trustees of Columbia and GoTV Streaming. Claims 22 and 35 both recite a method of improving the function and operation of a distributed processing system by reducing CPU management. 16:19–23; 20:20–24. Claims 22 and 35 require programming a CPU to communicate with the task pool. 16:19–25; 20:20–26. The CPU populates the task pool, and an agent searches the task pool for a task. 16:26– 35; 20:27–35. The agent retrieves a task and a co-processor processes the task. 16:36–42; 20:36–40. The task pool receives a notification that the task is complete and marks the task as complete. 16:41–44; 20:41–45. Then, the task pool notifies the CPU that the task is complete. 16:45–46; 20:46–49. Both claims focus on Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 14 of 18
15 efficiently managing the allocation and processing of tasks, which is no more than the use of computers as tools to carry out the abstract idea of task management. Nothing in the claims includes anything different that a typical “command and control,” “divide- and-conquer,” or “scrum board” approach implemented by humans to manage tasks, all of which have been found to be abstract ideas, as discussed above. Thus, the claims merely use computers to implement the task management process. Moreover, the claims do not call for a concrete asserted improvement in how functions are carried out. Unlike the claims in Enfish and Visual Memory, which were specifically directed to an improvement in a computer component (i.e., the memory system or self-referential tables in data storage), the character of Swarm’s claims is directed to the abstract idea of distributing, retrieving, and processing tasks. See GoTV Streaming, 166 F.4th at 1064 (listing “receiving inputs, storing and retrieving, processing, outputting . . . , and transmitting” as examples of functions that may call for the use of computers as tools to carry out an abstract idea). Here, as in GoTV Streaming, the terms on which Swarm relies “have broad meanings that, individually and taken together, cannot support a conclusion that the claim is directed to a concrete computer/network advance.” Cf. id. at 1066. The character of Swarm’s claims is no different from the abstract idea of the divide-and-conquer approach, which uses a network of multiple actors to efficiently and reliably complete a task by breaking down the job into small pieces, each handled by a different actor organized within an internal hierarchy. Cf. Appistry, 2015 WL 4210890, at *2 (analogizing the distributed processing system to the command and control system used by the military); cf. Trs. of Columbia Univ., 169 F.4th at 1329 (recognizing that multiple computers collaborating on a single task is an abstract idea). Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 15 of 18
16 Swarm argues that Claims 22 and 35 are directed to an improved computer processing system and a non-conventional arrangement of components. ECF No. 93 at 16, 24–25. Swarm’s complaint alleges that Swarm interposed the task pool between the CPU and the co-processors and that, under its system, “the co- processors proactively retrieve and process tasks without requiring communication from the CPU.” ECF No. 30 at 5. There are two problems with Swarm’s argument. First, the specification specifically allows embodiments wherein the CPU communicates directly with the co-processors. 3:2–3; 4:51–55; 8:26–27; 12:59–61. Second, the claims do not require interposition of the task pool. The claims allow the task pool to be interposed between the CPU and the co-processors, but nothing in the claims excludes the possibility that the CPU may also communicate directly with the co-processors. Swarm’s claims suffer from the same defect as the claims in Trustees of Columbia. There, as the court explained above, the Federal Circuit found that the claimed technological improvements were not required by the language of the claims. The same is true here. Swarm’s argument that it interposed a task pool between the CPU and co-processors is explicitly contradicted by the specification. Neither the specification nor the claims describe the improved computer architecture that Swarm claims to have invented. As in Trustees of Columbia, “[i]t cannot be said that the claims are directed to a technological improvement when nothing in the claims requires the steps necessary to make the improvement.” Trs. of Columbia, 169 F.4th at 1331. No affidavit or other testimony can change what is unambiguously described in the patent itself. Thus, the court proceeds to step two of the Alice inquiry. Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 16 of 18
17 B. Alice Step Two At step two, the court’s “inquiry is into whether the claims recite matter that is ‘an inventive concept that renders a claim significantly more than an abstract idea to which it is directed.’” GoTV Streaming, 166 F.4th at 1067. The court considers “the elements of each claim both individually and as an ordered combination to determine whether the additional elements transform the nature of the claim into a patent eligible application.” Berkheimer v. HP Inc., 881 F.3d 1360, 1367 (Fed. Cir. 2018) (quoting Alice, 573 U.S. at 217). Improving computer functionality to increase the speed or efficiency of a process does not confer patent eligibility on an otherwise abstract idea. GoTV Streaming, 166 F.4th at 1067–68. “[I]t is not sufficient. . . for a claim to use functional, result-focused language or to encompass ordinary computers and networks to perform their ordinary functions in carrying out an abstract idea, . . . without going further to require a specific implementation to improve how those functions are carried out.” Id. at 1067 (emphasis added). Claims 22 and 35 do not recite any component, process, or architecture beyond the abstract idea of task management itself. They do not explain how to implement any particular solution to a computer-specific problem. They merely recite steps for carrying out the abstract idea of task management. The claims encompass ordinary computer components and networks to perform their ordinary functions in carrying out an abstract idea. Swarm argues that the inventive concept that goes beyond any abstract idea is its “non-conventional and non-generic arrangement of components.” ECF No. 93 at 26. As discussed above in connection with step one, the specification and claims do not actually require the configuration and arrangement of Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 17 of 18
18 components that Swarm says it invented. The court need not go beyond the patent itself to form that conclusion. Thus, the claims fail both steps of the Alice test and are invalid for ineligibility under § 101. The court recommends that HPE’s Motion for Judgment on the Pleadings be GRANTED. 5. Motion to Amend HPE argues that it learned of inequitable conduct through Swarm’s claim construction briefing and it now seeks leave to amend its answer to assert a defense of inequitable conduct. ECF No. 68 at 8. Because the court recommends that HPE’s Motion for Judgment on the Pleadings be granted, HPE’s motion to amend is DENIED as MOOT. 6. Conclusion The court recommends that Defendant’s Motion for Judgment on the Pleadings, ECF No. 90, be GRANTED. HPE’s Motion for Leave to Amend, ECF No. 68, is DENIED as MOOT. The parties have fourteen days from service of this Memorandum and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. Failure to timely file objections will preclude appellate review of factual findings or legal conclusions, except for plain error. See Thomas v. Arn, 474 U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276– 77 (5th Cir. 1988). Signed at Houston, Texas on July 29, 2026. ______________________________________ Peter Bray United States Magistrate Judge Case 4:24-cv-04927 Document 96 Filed 07/29/26 in TXSD Page 18 of 18
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