Patenting Virtual Reality (VR) Inventions In The Age Of The Metaverse – Patent

PatentSubsequent Abstract: Virtual Reality
(VR)-related patents are anticipated to rise with the onset of the
Metaverse. Provided that VR is essentially a software program expertise,
how do courts assessment VR-related patents? Early instances present that
courts will apply comparable scrutiny as for different software-related
applied sciences, the place VR-related patents might want to fulfill present
patent eligibility requirements, e.g., by exhibiting an
“improvement” to underlying computing expertise.

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The “Metaverse” is an expansive on-line world that may
be skilled through a number of technological platforms – from a display
of a cell system to the lens of a digital actuality (VR) system. VR
programs usually comprise 3D-based software program that controls a VR
system, resembling a VR headset. A preferred instance of a VR headset is
the Oculus collection of headsets as supplied by Reality Labs and its
mum or dad firm Meta Platforms.

Patenting VR Know-how

Provided that VR is essentially a software program expertise, how do
courts analyze VR-related patents? As for different software program
applied sciences, it’s anticipated that VR patents might want to fulfill
present patent eligibility requirements required below 35 U.S.C.
§ 101 and pursuant to the U.S. Supreme Courtroom’s determination in
Alice Corp. v. CLS Bank International.
See Are Software Inventions Patentable?

A technique is to argue {that a} VR invention supplies an
“improvement” to underlying expertise in comparison with the
prior artwork. See How to Patent Software Inventions: Show an
“Improvement.” The under instance case explores how
demonstrating an “improvement” can overcome a patent
eligibility problem for a VR-related patent.

Instance Patent Case Involving VR
expertise

Early instances present that courts will apply comparable scrutiny for
VR-related patents as for different software-related applied sciences,
the place VR-related patents might want to fulfill present patent
eligibility requirements, e.g., by exhibiting an “improvement”
to underlying computing expertise.

In one instance case, AR Design Innovations LLC (“AR
Design”) asserted a VR-related patent in opposition to a number of
furnishings producers, together with Ashley Furnishings Industries,
Inc.’s (“Ashley”), La-Z-Boy Incorporated’s
(“La-Z-Boy”), and Ethan Allen Interiors, Inc.
(“Ethen Allen”) (collectively “Defendants”).
The instances had been in the end consolidated right into a single motion.
See AR Design Innovations LLC v. Ashley Furnishings Indus., Inc.,
4:20-cv-392 (E.D. Tex. filed Could 12, 2020).

The patent proprietor, AR Design, had asserted U.S. Pat. No.
7,277,572 (the “‘572 patent”) titled
“Three-Dimensional Interior Design System.” The ‘572
patent describes a “software program utility configured to reside
on a consumer pc, which is able to manipulating 3-D object
representations in-situ with a user-selected or user-generated
inside design scene, and rendering photographic high quality
perspective photos of the composite scene. ‘572 Patent at
1:8-13.

Defendants (the furnishings producers) had every developed
cell software program functions that allowed prospects to generate and
render photorealistic 3D objects (e.g., furnishings) inside a 3D
scene (e.g., a room). A consumer might rearrange or edit the objects
and scenes in actual time.

Patent Proprietor, AR Design, alleged that the Defendants’
respective software program infringed a minimum of declare 1 of the ‘572
patent.

Declare 1 described a VR-related invention involving a
client-server computing setting for rendering 3D scenes:

A technique in a client-server computing setting for
producing and rendering a photorealistic three-dimensional (3D)
perspective view of a 3D object selectively positioned inside a 3D
scene, the tactic comprising:

(a) communicably accessing a server
with a consumer;

(b) working with the consumer, a
consumer utility configured for scene modifying and rendering,
together with a graphical consumer interface (GUI);

(c) displaying a 3D scene with the
GUI;

(d) configuring the 3D scene for
being selectively displayed in a plurality of views;

(e) retrieving a minimum of one 3D object
from the server;

(f) importing the 3D object into the
3D scene to generate a composite;

(g) manipulating the 3D object inside
the composite for placement and orientation;

(h) rendering a 3D picture of the
composite on the consumer;

(i) selectively reconfiguring the 3D
picture in actual time;

(j) making use of luminosity
traits to the 3D picture; and

(ok) rendering, with the consumer
utility, a photorealistic 3D view of the composite picture,
together with the luminosity traits.

Declare 1 covers an embodiment for furnishings producers and
sellers to “showcase their products.” ‘572 Patent at
7:1-2. In explicit, the embodiment permits finish customers to see a
producer’s merchandise in full, lifelike, 3D with the power
to alter the feel (textile protecting, end, and so on.) of the
product” and “might enable a furnishings producer to
exhibit their sofas or chairs lined in the entire totally different
supplies provided by them.” Id. at 7:2-7.

Determine 28 of the ‘572 Patent depicts an instance embodiment
as a high-resolution rendering of a 3D “furniture object”
(a mattress) positioned in a digital setting (a bed room):

On the outset of the case, the Defendants filed a Part
12(b)(6) movement to dismiss the case.

In explicit, the Defendants alleged that declare 1 of the
‘572 patent was not eligible below 35 U.S.C. § 101 as a result of
it was “directed to” an summary concept – particularly, the
summary concept of “retrieving, manipulating, and displaying
three-dimensional objects in area,” which was “only a
well-known longstanding apply generally utilized by mannequin builders,
college students setting up dioramas, architects, and even film
makers.” AR Design Innovations, 4:20-cv-392, Mem. Op.
and Order (Dkt. 78), slip op. at 3 (E.D. Tex. filed Could 12,
2020).

Defendants particularly argued that declare 1 of the ‘572
patent was analogous to the longstanding human apply of creating
fashions or setting up dioramas (i.e., miniature scenes reproduced
in three dimensions by putting figures earlier than a painted
background). Id. at 18.

Patent Proprietor, AR Design, rebutted that declare 1 was as a substitute
directed to a software program software that set 3D objects in 3D scenes, and
that supplied an enchancment by permitting for the
utility of luminosity traits to the scene and the
real-time manipulation of 3D objects on consumer units through an
easy-to-use graphical consumer interface. Id.

The court docket agreed with AR Design. In response to the court docket, the
‘572 patent declare 1 was “directed to”
particular enhancements to the manipulability and
look of 3D scenes and objects, together with luminosity
traits. Id. at 17. The ‘572 specification
defined that the claimed invention enhanced the pace with which
such scenes and objects could also be rendered and edited. Thus, as a result of
declare 1 was directed to the underlying system’s
“speed” and “usability,” it couldn’t be
summary (and, due to this fact, couldn’t be patent ineligible).
Id.

The court docket additional famous that the Defendants’
characterization of AR Design’s claims as a well known
“diorama” method was overly simplistic and didn’t
seize the essence of AR Design’s claimed invention.
Id. at 18.

Instead, the court docket famous that it discerned “no distinction
between enhancements to a software resembling a hammer or noticed that makes
constructing dioramas sooner and simpler and a patent on particular
enhancements to a software such because the software program at challenge that makes
digital 3D modeling sooner and simpler.” Id.

Accordingly, the court docket denied the Defendants’ movement to
dismiss. Id. at 19. Every of the defendants subsequently
settled their respective instances.

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