Longitude Licensing Ltd. v. Google LLC

Case: 24-1202 Document: 38 Page: 1 Filed: 04/30/2025

NOTE: This disposition is nonprecedential.

United States Court of Appeals

for the Federal Circuit

______________________

LONGITUDE LICENSING LTD.,

Plaintiff-Appellant

v.

GOOGLE LLC,

Defendant-Appellee

______________________

2024-1202

______________________

Appeal from the United States District Court for the

Northern District of California in No. 3:23-cv-03046-VC,

Judge Vince Chhabria.

______________________

Decided: April 30, 2025

______________________

AARON ROBERT FAHRENKROG, Robins Kaplan LLP,

Minneapolis, MN, argued for plaintiff-appellant. Also rep-

resented by WILLIAM JONES, SAMUEL J. LAROQUE, EMILY

TREMBLAY.

GINGER ANDERS, Munger, Tolles & Olson LLP, Wash-

ington, DC, argued for defendant-appellee. Also repre-

sented by J. KAIN DAY.

______________________

Case: 24-1202 Document: 38 Page: 2 Filed: 04/30/2025

2 LONGITUDE LICENSING LTD. v. GOOGLE LLC

Before LOURIE, DYK, and CHEN, Circuit Judges.

DYK, Circuit Judge.

Longitude Licensing Ltd. (“Longitude”) sued Google

LLC (“Google”) in the Northern District of California, al-

leging infringement of claims of U.S. Patents

Nos. 7,668,365 (the “’365 patent”), 8,355,574 (the “’574 pa-

tent”), 7,454,056 (the “’056 patent”), and 7,945,109 (the

“’109 patent”), all owned by Longitude. The district court

dismissed the complaint on the ground that the asserted

claims are not patent eligible under 35 U.S.C. § 101. See

Longitude Licensing Ltd. v. Google, LLC, No. 23-CV-

03046-VC, 2023 WL 7109896, at *2 (N.D. Cal. Oct. 27,

2023) (“Dismissal”). We affirm.

BACKGROUND

The four patents at issue are directed to performing

digital image correction techniques on a computer. The

’574 patent is a continuation of the ’365 patent, and the two

share a title and specification; the specifications of the ’056

and ’109 patents are not significantly different from that

shared specification. The specifications describe identify-

ing the subject, or “main object,” of an image and adjusting

the main object image data by using “correction condi-

tions,” which include any kind of “statistical values and

color values” that correspond to the “properties” of the

main object. See ’365 patent, col. 14 ll. 51–58; see also

’574 patent, col. 14 ll. 53–59; ’056 patent, col. 5 ll. 33–36,

53–59; ’109 patent, col. 9 l. 65–col. 10 l. 6.

On June 21, 2023, Longitude sued Google for infringe-

ment of claims of the four patents. 1 Google filed a motion

1 Longitude also accused Google of infringing three

other patents that Google did not address in its motion to

dismiss. Those other patents are not at issue in this appeal

Case: 24-1202 Document: 38 Page: 3 Filed: 04/30/2025

LONGITUDE LICENSING LTD. v. GOOGLE LLC 3

to dismiss, arguing that the claims of the four patents are

“directed to an abstract idea that merely uses computers as

a tool.” J.A. 256. Google treated claim 32 of the ’365 patent

as representative.

The ’365 patent is titled “Determination of Main Object

on Image and Improvement of Image Quality According to

Main Object.” Claim 32 of the ’365 patent recites:

32. An image processing method comprising:

determining the main object image data

corresponding to the main object character-

izing the image;

acquiring the properties of the determined

main object image data;

acquiring correction conditions correspond-

ing to the properties that have been ac-

quired; and

adjusting the picture quality of the main

object image data using the acquired cor-

rection conditions;

wherein each of the operations of the image

processing method is executed by an inte-

grated circuit.

Id. at col. 32 ll. 23–33. The ’365 patent acknowledges that

human users could previously “adjust picture quality using

retouching software,” id. at col. 1 ll. 14–15, but states that

already existing “automatic picture quality adjusting tech-

niques[] . . . [apply changes] across the board, without tak-

ing into consideration subtle differences in the main object

characterizing the image,” id. at col. 1 ll. 30–33.

and were voluntarily dismissed without prejudice by Lon-

gitude before the district court.

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4 LONGITUDE LICENSING LTD. v. GOOGLE LLC

On October 27, 2023, the district court granted the mo-

tion to dismiss. The district court also treated claim 32 as

representative and held that all the claims were directed

to the same abstract idea without supplying an inventive

concept, concluding that “the claim language in all four pa-

tents is functional and ends-oriented” and that it “need not

credit Longitude’s conclusory allegations in the complaint

that the claims ‘recite a specific way to improve a prior com-

puting process’ when that is not apparent from the claim

language read in light of the specification.” Dismissal at *1

(quoting J.A. 284).

Longitude timely filed this appeal. We have jurisdic-

tion pursuant to 28 U.S.C. § 1295(a)(1).

DISCUSSION

We review the grant of a motion to dismiss de novo.

Trinity Info Media, LLC v. Covalent, Inc., 72 F.4th 1355,

1360 (Fed. Cir. 2023). Patent eligibility is a question of law

that we review de novo. Bancorp Servs., L.L.C. v. Sun Life

Assurance Co. of Can. (U.S.), 687 F.3d 1266, 1273

(Fed. Cir. 2012).

Section 101 defines patent-eligible subject matter 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 ex-

plained that there are certain “implicit” exceptions in

§ 101, namely, laws of nature, natural phenomena, and ab-

stract ideas. Ass’n for Molecular Pathology v. Myriad Ge-

netics, Inc., 569 U.S. 576, 589 (2013). To determine

whether a patent claim is subject matter ineligible, we ap-

ply the two-step Alice framework. Alice Corp. Ltd. v. CLS

Bank Int’l, 573 U.S. 208, 217–18 (2014); see also Mayo Col-

laborative Servs. v. Prometheus Lab’ys, Inc., 566 U.S. 66,

77–80 (2012). At step one, we “determine whether the

claims at issue are directed to one of those patent-ineligible

concepts.” Alice, 573 U.S. at 217. At step two, we “consider

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LONGITUDE LICENSING LTD. v. GOOGLE LLC 5

the elements of each claim both individually and ‘as an or-

dered combination’ to determine whether the additional el-

ements ‘transform the nature of the claim’ into a patent-

eligible application.” Id. (quoting Mayo, 566 U.S. at 78–

79).

I

At Alice step one, the district court held that the claims

are drawn to the abstract idea of “improving image quality

by adjusting various aspects of an image based on features

of the main object in the image.” Dismissal at *1. We

agree.

A

We have repeatedly held that claims that organize, al-

ter, or manipulate data, without more, are patent ineligi-

ble. See Broadband iTV, Inc. v. Amazon.com, Inc.,

113 F.4th 1359, 1368 (Fed. Cir. 2024) (collecting cases); see

also Intell. Ventures I LLC v. Capital One Fin. Corp.,

850 F.3d 1332, 1340–41 (Fed. Cir. 2017); Elec. Power Grp.,

LLC v. Alstom S.A., 830 F.3d 1350, 1355 (Fed. Cir. 2016);

Digitech Image Techs., LLC v. Elecs. for Imaging, Inc.,

758 F.3d 1344, 1350–51 (Fed. Cir. 2014). Claims that

merely implement longstanding activities and mental pro-

cesses using new data and generic computing components

without explaining how these arrangements actually re-

sult in the claimed improvement are similarly directed to

unpatentable abstract ideas. See, e.g., Trinity, 72 F.4th

at 1361–62; Univ. of Fla. Rsch. Found., Inc. v. Gen. Elec.

Co., 916 F.3d 1363, 1367 (Fed. Cir. 2019).

Such is the case here. The specification recognizes that

users could already “adjust picture quality using retouch-

ing software” and that “accurate adjustment of picture

quality requires experience and familiarity.” ’365 patent,

col. 1 ll. 13–17. Claim 32 of the ’365 patent merely uses a

computer to adjust parameters associated with the main

Case: 24-1202 Document: 38 Page: 6 Filed: 04/30/2025

6 LONGITUDE LICENSING LTD. v. GOOGLE LLC

object data (rather than data of the entire image, an ap-

proach previously undertaken by humans) without ex-

plaining how this result is achieved.

Longitude argues that claim 32 is directed to an im-

proved digital image processing technique: “how to more

accurately adjust th[e] main object image data by using

correction conditions corresponding to that data’s proper-

ties.” Appellant’s Br. 6. The problem is that nothing in the

language of claim 32 in this respect does anything more

than describe the use of new data or explain how it is used

in the steps of “determining” the main object, “acquiring”

its properties, “acquiring correction conditions,” and “ad-

justing” the picture quality. ’365 patent, col. 32 ll. 23–33.

Claim 32 is similar to those found to be patent ineligible in

Hawk Technology Systems, LLC v. Castle Retail, LLC,

60 F.4th 1349 (Fed. Cir. 2023), and Recentive Analytics,

Inc. v. Fox Corp., No. 2023-2437, 2025 WL 1142021

(Fed. Cir. Apr. 18, 2025).

In Hawk, the claims involved methods of viewing mul-

tiple simultaneously displayed and stored video images

based on sets of “temporal and spatial parameters associ-

ated with each image.” 60 F.4th at 1353. We explained

that these claims were directed to an abstract idea because

they merely recited a method of “receiving, displaying, con-

verting, storing, and transmitting digital video ‘using re-

sult-based functional language.’” Id. at 1357 (quoting Two-

Way Media Ltd. v. Comcast Cable Commc’ns, LLC,

874 F.3d 1329, 1337 (Fed. Cir. 2017)). We rejected Hawk’s

argument, similar to Longitude’s argument here, that the

use of “parameters” made the claims not abstract, since the

claims did not “explain what those claimed parameters are

or how they should be manipulated.” Id. at 1357 (citation

omitted); see also Sanderling Mgmt. Ltd. v. Snap Inc.,

65 F.4th 698, 703 (Fed. Cir 2023) (holding unpatentable

claims directed to using a computer as “a tool to identify

when a condition is met and then to distribute information

Case: 24-1202 Document: 38 Page: 7 Filed: 04/30/2025

LONGITUDE LICENSING LTD. v. GOOGLE LLC 7

based on satisfaction of that condition”). Similarly,

claim 32 describes “determining” a main object, “acquiring”

the main object image data and correction conditions, and

“adjusting” the main object image data’s parameters with-

out “sufficient recitation of how the purported invention

improve[s] the functionality” of image correction methods.

Hawk, 60 F.4th at 1358 (alteration in original) (quoting

Koninklijke KPN N.V. v. Gemalto M2M GmbH, 942 F.3d

1143, 1152 (Fed. Cir. 2019)).

In Recentive, the claims were directed to the applica-

tion of machine learning for determining event schedules

and generating network maps for broadcasters. 2025 WL

1142021, at *1. The claims generally involved methods

comprising collecting data, using the data to train the ma-

chine learning model, and updating the event schedules

and network maps. We rejected the patentee’s argument

that “its patents are eligible because they apply machine

learning to [a] new field of use,” explaining that merely

adapting existing technology to a novel data environment

does not create patent eligibility. Id. at *6. We concluded

that even if there had been a claim of “a technological im-

provement, neither the claims nor the specifications de-

scribe how such an improvement was accomplished.” Id.

at *5. Here, too, Longitude urges that the use of new data

(e.g., the correspondence between the main object data and

correction conditions) represents a patent-eligible techno-

logical improvement. Because the claim “functionally de-

scribes a mere concept without disclosing how to

implement that concept,” id., we agree with the district

court that it is directed to a patent-ineligible abstract idea.

Longitude repeatedly faults the district court for osten-

sibly failing to consider claim 32 in light of the patent spec-

ification, seeking to analogize its claims to those found to

be patent eligible in McRo, Inc. v. Bandai Namco Games of

America Inc., 837 F.3d 1299, 1313 (Fed. Cir. 2016). Longi-

tude argues that “[a]s in McRo, the intrinsic record . . .

Case: 24-1202 Document: 38 Page: 8 Filed: 04/30/2025

8 LONGITUDE LICENSING LTD. v. GOOGLE LLC

shows that claim 32 is directed to an improved computing

process” because “[l]ike the claimed ‘rules’ in McRo, [the

claims’] correction conditions . . . provide how the claimed

process improves upon prior automated image adjustment

processes.” Appellant’s Br. 37–38 (internal quotation

marks omitted). But in McRo, we stressed that the lan-

guage of the claims themselves was “limited to rules with

specific characteristics.” 827 F.3d at 1313.

Here, claim 32 is framed entirely in functional, results-

oriented terms, and Longitude effectively asks us to import

disclosures from the specification into the claim so that it

provides the same degree of specificity as those in McRo.

This we decline to do. While step one requires that “we

consider the claims in light of the specification[,] [we] avoid

importing concepts from the specification into the claims.”

AI Visualize, Inc. v. Nuance Commc’ns, Inc., 97 F.4th 1371,

1378 (Fed. Cir. 2024); accord ChargePoint, Inc. v. Sema-

Connect, Inc., 920 F.3d 759, 766 (Fed. Cir. 2019) (explain-

ing that reliance on the specification “must always yield to

the claim language in identifying th[e] focus” of the claims);

Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138,

1149 (Fed. Cir. 2016) (“The § 101 inquiry must focus on the

language of the Asserted Claims themselves.”); In re TLI

Commc’ns Patent Litig., 823 F.3d 607, 611–12 (Fed. Cir.

2016) (similar). The specific improvement purportedly re-

cited in claim 32 does not make it non-abstract because the

language of the claim does not explain how that improve-

ment is achieved.

B

Longitude apparently faults the district court for fail-

ing to consider a “distinct” improvement in digital image

processing techniques: “how to more accurately identify the

main object—meaning, what the image is a picture of—in

digital image data by analyzing image and position data.”

Appellant’s Br. 6. This concept appears in claim 32’s

Case: 24-1202 Document: 38 Page: 9 Filed: 04/30/2025

LONGITUDE LICENSING LTD. v. GOOGLE LLC 9

limitation of “acquiring the properties of the determined

main object image data.” ’365 patent, col. 32 ll. 26–27.

Longitude argues that claim 5 of the ’365 patent is more

explicitly directed to this improvement:

5. An image processing device that determines the

main object which characterizes an image, the im-

age processing device comprising:

image data acquiring module that acquires

image data which is data of the target im-

age;

image data analyzing module that seg-

ments the image data into a plurality of ar-

eas for analysis in terms of area units;

position data acquiring module that ac-

quires position data of the areas of the im-

age data; and

main object determining module that de-

termines the main object using the ac-

quired position data and the results of

analysis;

wherein each of the modules of the image

processing device is executed by an inte-

grated circuit.

Id. at col. 28 ll. 33–48. This argument fails for substan-

tially the same reasons as Longitude’s argument as to

claim 32.

Like claim 32, claim 5 merely identifies a number of

components defined in functional terms that carry out

basic data collection and manipulation functions. The

claim purportedly identifies the technical improvement of

more efficiently locating the subject of an image without

actually explaining how this process is achieved other than

stating that the new data is used in identifying the main

Case: 24-1202 Document: 38 Page: 10 Filed: 04/30/2025

10 LONGITUDE LICENSING LTD. v. GOOGLE LLC

object. See Hawk, 60 F.4th at 1358. We conclude that the

invention recited in claim 5 is directed to the same class of

abstract data manipulation as claim 32. See Content Ex-

traction & Transmission LLC v. Wells Fargo Bank, Nat.

Ass’n, 776 F.3d 1343, 1347 (Fed. Cir. 2014).

C

Longitude also argues that the district court “oversim-

plif[ied]” the claims by treating claim 32 as representative

instead of addressing each claim individually. See Appel-

lant’s Br. 59. We have already addressed claim 5 in the

preceding section. Because the other claims asserted by

Longitude were “substantially similar and linked to the

same abstract idea” claimed by claims 5 and 32, we con-

clude that the court was not required to address all sixty-

six claims in its order dismissing Longitude’s complaint.

Content Extraction, 776 F.3d at 1348 (citation omitted).

The other claims differ from claims 5 and 32 only inso-

far as they recite additional limitations on what is meant

by the “main object” and “correction conditions.” Claim 3

of the ’574 patent, for example, simply limits the “main ob-

ject” to a “human face” and limits the “correction condi-

tions” to a set of well-known parameters including “a

highlight, a shadow, brightness, color balance, or memory

color.” ’574 patent, col. 28 ll. 17–18. 2 The ’056 patent’s

2 Claim 3 recites:

3. A method of image processing, the method com-

prising:

determining a main object in an image gen-

erated by an image generating apparatus,

wherein the main object includes at least a

human face, and wherein the determining

of the main object is implemented by

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LONGITUDE LICENSING LTD. v. GOOGLE LLC 11

claims are directed to image correction techniques involv-

ing color balance correction. Like the ’365 patent, the

’056 patent identifies the problem in the prior art as image

correction being applied “for the overall image,” which

leads to “the risk of making an undesirable change to the

color tone of a specific [human] subject.” ’056 patent, col. 1

ll. 28–35. In place of claim 32’s main object, the claims of

the ’056 patent are directed to a “specific subject area.”3

determining whether the image includes

the human face; and

adjusting image quality of the main object

using correction conditions corresponding

to properties of the determined main ob-

ject, wherein a parameter used in adjusting

the image quality is a highlight, a shadow,

brightness, color balance, or memory color;

wherein each operation of the method of

image processing is executed by one of a

person computer, a printer, or a display de-

vice.

’574 patent col. 28 ll. 8–21.

3 Claim 10 is representative:

10. An image processing device for executing color

balance correction on image data of a photographed

image, said image processing device comprising:

an image data acquisition module that ac-

quires said image data;

a specific subject area determination mod-

ule that determines a specific subject area

in said photographed image, wherein said

specific subject area contains a specific sub-

ject in said photographed image, and

Case: 24-1202 Document: 38 Page: 12 Filed: 04/30/2025

12 LONGITUDE LICENSING LTD. v. GOOGLE LLC

The claims of the ’109 patent similarly relate to locating a

human subject of the image and processing that image data

in that area, reciting the same abstract idea as claim 5 of

the ’365 patent. The claims merely replace the ’056 patent

claims’ specific subject area with using shooting scene in-

formation and location information in the image data to

wherein said specific subject area determi-

nation module determines said specific

subject area using pixel values of pixel data

included in a target area for determination,

and a position of said target area in said

photographed image;

a specific subject characteristic value calcu-

lation module that calculates a specific sub-

ject characteristic value, wherein said

specific subject characteristic value repre-

sents a characteristic of image data corre-

sponding to said determined specific

subject area;

a correction value calculation module that

calculates a correction value for color bal-

ance correction using said calculated spe-

cific subject characteristic value and color

balance a preset characteristic target

value; and

a correction execution module that exe-

cutes said color balance correction on said

image data using said calculated correction

value.

’056 patent, col. 16 ll. 32–56.

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LONGITUDE LICENSING LTD. v. GOOGLE LLC 13

detect the “location information of a person,” and focus on

adjusting the sharpness of the location information. 4

Ultimately, the problem for Longitude is that each

claim actually is directed to the same abstract idea of using

data to identify an image’s subject and modifying image

data based on that subject. None of the claims describes

how these results are achieved. The court was not required

to separately address these “trivial variations of the ab-

stract idea” claimed by the ’365 patent. Trinity, 72 F.4th

at 1362.

II

The district court concluded at Alice step two that the

claims lack any inventive concept. Dismissal at *1. We

4 Claim 1 is representative:

1. An image processing apparatus comprising:

a CPU, the CPU executing functions in-

cluding

acquiring an image file, the image

file including image data, shooting

scene information, and location in-

formation of a person in the image

data, and

increasing sharpness of an area in

which the person is located and de-

creasing sharpness of an area in

which the person is not located

based on the acquired location in-

formation when the acquired shoot-

ing scene information indicates a

portrait scene.

’109 patent, col. 14 l. 63–col. 2 l. 4.

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14 LONGITUDE LICENSING LTD. v. GOOGLE LLC

agree and find neither of Longitude’s arguments to the con-

trary persuasive.

First, Longitude argues that the district erred by find-

ing a lack of inventive concept “without evidence or analy-

sis,” casting this inquiry as a “fact finding.” Appellant’s

Br. 41. But the absence of an inventive concept does not

necessarily entail subsidiary factual determinations, and a

patent itself may establish that the claims contain no in-

ventive concept. See Berkheimer v. HP Inc., 881 F.3d 1360,

1369 (Fed. Cir. 2018). That is the case here: Longitude

fails to identify any relevant factual dispute, and the

claims do not recite any inventive concept.

Second, Longitude argues that “the intrinsic evidence

demonstrates that the claimed steps addressing ‘proper-

ties’ of main object image data and ‘correction conditions

corresponding to [those] properties’ recite inventive con-

cepts.” Appellant’s Br. 40–41 (alteration in original) (cita-

tion omitted). But adjusting the main object image data’s

properties according to a set of correction conditions is the

same abstract idea we identified at step one above. These

elements cannot transform “that idea into significantly

more.” Broadband, 113 F.4th at 1370; accord BSG Tech

LLC v. Buyseasons, Inc., 899 F.3d 1281, 1290 (Fed. Cir.

2018).

CONCLUSION

We have considered Longitude’s remaining arguments

and find them unpersuasive. Because the claims of the

four patents are not patent eligible under § 101, we affirm.

AFFIRMED