The Software IP Report

Claims to BIOS Security Remain Patent-Ineligible Under Enfish

By Charles Bieneman

Categories: Patent Eligibility, The Software IP Report

Claims of U.S. Patent No. 6,892,304 (“System and method for securely utilizing basic input and output system (BIOS) services”) remained patent-ineligible even when reconsidered in the wake of Enfish, LLC v. Microsoft Corp The court thus affirmed its prior judgment of patent-invalidity under 35 U.S.C. § 101.  Kinglite Holdings Inc. V. Micro-Star International Co. Ltd., No, CV 14-03009 (C.D. Cal. July 6, 2016).

Claim 1 of the ’304 patent recites:

A system to securely utilize Basic Input and Output System (BIOS) services, comprising:

an access driver to generate a service request to utilize BIOS services, the service request including a service request signature created using a private key in a cryptographic key pair; and

an interface to verify the service request signature using a public key in the cryptographic key pair to ensure the integrity of the service request.

The claims in Enfish had a four-step algorithm for improved storage of data in a database.  The patent here, in contrast, had “no corresponding description of anything more than the abstract concept of (1) creating a request to use that service, and (2) ensuring that the request is capable of authentication through the use of mathematical algorithms.”  And there was no actual disclosure of any of the algorithms that would be used in implementing the claims.  The claims here were more like the claims in In re TLI Commc’ns LLC Patent Litig.; the present claims recited general steps implemented on a conventional computer.