BWB Co Ltd v. Alibaba Group Holding Limited

Background

BWB Co. Ltd. alleged that Alibaba Group (US) Inc., Alibaba Cloud US LLC, and Alibaba.com U.S. LLC infringed patents concerning the processing of customs information in e-commerce. The court had previously dismissed BWB’s complaint under 35 U.S.C. § 101 because the patents were directed to patent-ineligible subject matter. Although the court expressed doubt that BWB could correct the problems, it allowed BWB to file an amended complaint.

Motion and Analysis

Alibaba moved again to dismiss under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal when a complaint does not state a legally sufficient claim. The parties identified no claim-construction issue or factual dispute that would prevent the court from deciding the motion at that stage.

The court concluded that the amended complaint did not provide a reason to change its earlier decision. BWB’s core factual allegations were virtually unchanged. The added allegations about prior art and the statements that the invention was non-generic and inventive did not address the identified deficiencies. The court also rejected BWB’s argument that the invention improved computer capabilities, explaining that the claims focused on abstract ideas implemented using computers as tools rather than an improvement to computers themselves.

Disposition

The court dismissed the amended complaint with prejudice under Section 101. It stated that BWB had received a full and fair opportunity to allege patent eligibility but had not done so. The court ordered that judgment be entered separately. Judge James Donato signed the order on September 5, 2025.