Electronic Scripting Products, Inc. v. HTC America, Inc. (N.D. Cal. 2018)

Virtual Reality Patents Survive Patent-Eligibility Challenge By James Korenchan — Last week, Judge Seeborg of the U.S. District Court for the Northern District of California ruled that claims related to virtual reality applications are patent eligible under 35 U.S.C. § 101. Plaintiff Electronic Scripting Products, Inc. (ESPI) accused HTC American, Inc. (HTC) of direct and induced infringement through HTC's VIVE virtual reality headsets. Defendant HTC then brought the § 101 challenge against ESPI in a motion to dismiss. While this challenge failed, HTC was still successful in having ESPI's complaint thrown out for failure to state a claim, and the…Original Article