Federal Circuit Remands Datonics Ad-Tech Patent to USPTO: A 100-Day Appellate Resolution
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📋 Case Summary
| Case Name | In re: Datonics, LLC |
| Case Number | 26-1124 (Fed. Cir.) |
| Court | Federal Circuit, Appeal from USPTO |
| Duration | Nov 2025 – Feb 2026 100 days |
| Outcome | Remand to USPTO for Reconsideration |
| Patent at Issue | |
| Technology Area | Ad-tech; Consumer data profiling; Audience segmentation |
Case Overview
The Parties
⚖️ Appellant (Patent Applicant)
Operates in the programmatic advertising and data marketplace sector, asserting rights to audience data aggregation and distribution technology.
🛡️ Respondent (USPTO Director)
Under Secretary of Commerce for Intellectual Property and Director of the USPTO, representing the agency’s examination and appeals apparatus.
The Patent at Issue
This case centered on U.S. Patent Application No. **US17/401052** (published as US20220108352A1), directed to technology for “providing collected profiles to media properties having specified interests”—a core function in modern data-driven advertising ecosystems.
- • US17/401052 — Application for “providing collected profiles to media properties”
- • US20220108352A1 — Publication number for the same application
- • **Technology Area:** Advertising technology; consumer data profiling; audience segmentation
Operating in the ad-tech space?
Check if your audience segmentation or data profiling technology might face similar patentability challenges.
The Verdict & Legal Analysis
Outcome
The Federal Circuit’s order is direct: **remanding the case to the USPTO for further consideration**. This is a procedural resolution, not a substantive ruling on patent eligibility, and signals the application remains alive for renewed examination.
No damages were awarded, and each side bore its own costs, which is standard in consent remands.
Key Legal Issues & Significance
The case was classified under **Patentability / Invalidity-Cancellation Action**, confirming this was a dispute over whether the USPTO correctly rejected Datonics’ application. Common grounds for USPTO rejection in ad-tech cases include **35 U.S.C. § 101** (patent-eligible subject matter) post-*Alice Corp. v. CLS Bank International*, and **35 U.S.C. § 103** (obviousness).
The remand suggests the USPTO acknowledged an error or gap in its reasoning, or that new arguments or claim amendments from Datonics warranted fresh review. This outcome preserves Datonics’ opportunity to obtain valid patent protection while avoiding an adverse Federal Circuit opinion.
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⚠️ Freedom to Operate (FTO) & Patentability Analysis
This case highlights critical IP risks in ad-tech and data profiling. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications for ad-tech patentability and litigation strategies.
- Monitor US17/401052’s renewed examination
- Analyze § 101 eligibility trends in ad-tech
- Explore strategic use of remand motions
🔍 Check My Product’s Risk
Run a comprehensive FTO analysis for your own ad-tech or data profiling technology.
- Input your product description or technical features
- AI identifies potentially blocking patents (like this one)
- Get actionable risk assessment report
High Risk Area
Data profiling, audience segmentation
Key Issue
35 U.S.C. § 101 Patent Eligibility
Strategic Option
Remand for renewed USPTO examination
✅ Key Takeaways
For Patent Attorneys
Remand motions at the Federal Circuit offer a lower-risk path to reopen USPTO examination without adverse precedent.
Search related case law on remands →§ 101 eligibility remains the central battleground for ad-tech patent applications; emphasize technical improvements over abstract data manipulation.
Explore §101 eligibility analysis tools →For R&D Leaders & IP Professionals
Data profile collection and audience-targeting systems remain a contested IP zone. Conduct FTO analysis against any issued continuation patents.
Start FTO analysis for my product →Monitor US17/401052 during remand for claim amendments and new office actions to assess potential impact on your technology.
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