Foley Secures Summary Judgment Patent Win for Kickstarter, Inc.

30 June 2015 News

Foley secured a win on behalf of Kickstarter, Inc. before the U.S. District Court for the Southern District of New York today, where Judge Failla granted summary judgment, invalidating the Defendants—Fan Funded, LLC and ArtistShare, Inc.—U.S. Patent No. 7,885, 887 (the “887 patent”).

Kickstarter, the world’s largest funding platform for creative projects, filed its complaint in September 2011 in response to allegations by the defendants that its platform infringed the ‘887 patent, which purported to claim methods and apparatuses for financing and marketing a creative work. Kickstarter sought declarations that the ‘887 patent is invalid and that Kickstarter did not infringe the patent. Earlier the Court agreed with Kickstarter on what the patent covers, forcing ArtistShare to concede that it could not prevail on its infringement claims. Kickstarter proceeded on its request for a declaration of invalidity, over the Defendants’ objections. On June 29, Judge Failla issued a 30 page order, granting Kickstarter summary judgment that the claims of the ‘887 patent are invalid as being directed to patent-ineligible subject matter under Section 101.

The Foley team included Matthew B. Lowrie, Matthew A. Ambros, and Ellen T. Wong.

Related Services


A Review of Recent Whistleblower Developments
19 July 2019
Legal News: Whistleblower Developments
Cloud security inadequate for Cyber threats, are you surprised?
19 July 2019
Internet, IT & e-Discovery Blog
Blockchain: A Tool With a Future in Healthcare
18 July 2019
Health Care Law Today
Do You Know What IMMEX Stands For?
16 July 2019
Dashboard Insights
Review of 2020 Medicare Changes for Telehealth
11 December 2019
Member Call
2019 NDI Executive Exchange
14-15 November 2019
Chicago, IL
MAGI’s Clinical Research Conference
29 October 2019
Las Vegas, NV
Association for Corporate Counsel Annual Meeting 2019
27-30 October 2019
Phoenix, AZ