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Federal Rule 12(b)(6) Motion to Dismiss Patent Litigation

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Dismissal Because the Patent Recited a Patent-Ineligible Abstract Idea of Processing and Transmitting Data

Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35...more

Womble Bond Dickinson

District of Delaware Judge Stops Practice of Referring Certain 12(b)(6) Motions to Magistrates

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In recent years, District of Delaware Judges, including Judge Richard Andrews, have helped to manage the high volume of patent litigation cases by referring 12(b)(6) motions to dismiss to Magistrate Judges. Last week, in...more

Akin Gump Strauss Hauer & Feld LLP

Overlooked Patent Cases: Indirect Infringement Developments

Allegations of indirect patent infringement require, among other things, pleading that the defendant had knowledge of the asserted patent. It is not well-settled law, however, whether notice of a complaint itself satisfies...more

Akin Gump Strauss Hauer & Feld LLP

The Eastern District of Texas Granted a Rule 12(b)(6) Dismissal Because the Asserted Patent Was Directed to the Patent-Ineligible...

A district court in the Eastern District of Texas granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C. § 101. The Patent is directed to credentialing...more

Fox Rothschild LLP

Chief Judge Stark Denies Defendants’ Motions To Dismiss Plaintiff’s Complaints Asserting Patent Infringement Due To The Use Of...

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By Memorandum Opinion entered by The Honorable Leonard P. Stark in Stragent, LLC v. BMW of North America, LLC et al., Civil Action No. 20-510-LPS (D.Del. March 25, 2021) (consolidated), the Court denied Defendants’ motions to...more

Akin Gump Strauss Hauer & Feld LLP

District Court Denied Rule 12(b)(6) Motion Based on Section 101 Because Additional Facts and Claim Construction Would Provide...

While a district court in California remained “skeptical” of the patent eligibility of three computer-implemented patents, the court denied a Rule 12(b)(6) motion to dismiss under 35 U.S.C. § 101. The court found that claim...more

McDonnell Boehnen Hulbert & Berghoff LLP

Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

Somewhat remarkably, there is no settled Federal Circuit precedent regarding where a patentee can bring suit against a generic competitor in Hatch-Waxman litigation under 35 U.S.C. § 271(e)(2).  While recognizing that this...more

Mintz - Intellectual Property Viewpoints

District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege...

On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Affirms Rule 12(b)(6) Dismissal Because the Patent Was Directed to the Patent-Ineligible Abstract Idea of Teaching...

The Federal Circuit recently affirmed a district court’s dismissal because the claims directed to an interactive video game for learning to play guitar were patent-ineligible under 35 U.S.C. § 101. In its ruling, the court...more

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Rule 12(b)(6) Dismissal Because the Patent Was Directed to the Patent-Ineligible Abstract Idea of Using...

A district court in Mississippi recently granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C § 101. The patent is directed to using a barcode to facilitate...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Snubs Extrinsic Evidence in Reversing Ruling on 12(b)(6) Motion Arguing Invalidity Under § 101

In CardioNet, LLC, et al. v. InfoBionic, Inc., the Federal Circuit reversed a district court’s ruling that affirmed a defendant’s 12(b)(6) motion that the asserted claims are invalid under 35 U.S.C. § 101, based on step one...more

Jones Day

Indefinite Patent at the ITC May Survive in District Court

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In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. Hyosung TNS, Inc. v....more

Mintz - Intellectual Property Viewpoints

District Court denies motion to dismiss despite Federal Circuit’s finding of patent invalidity in appeal of parallel ITC...

On December 5, 2019, Judge David C. Godbey of the Northern District of Texas denied the defendant Diebold Nixdorf, Inc.’s (“Diebold”) motion to dismiss under Rule 12(b)(6), in Nautilus Hyosung Inc. v. Diebold, Inc. et al.,...more

Bradley Arant Boult Cummings LLP

Federal Circuit Says Motion to Dismiss Stage Too Early to Use Patent License Defense - Intellectual Property News

Last week, the Federal Circuit revived a patent infringement suit brought by Fraunhofer-Gesellschaft zur Forderung der angewandten Forschung E.V. against Sirius XM Radio Inc. in the District of Delaware when it vacated the...more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up – August 2019

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This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of various substantive orders issued in pending cases....more

Benesch

Curver reaffirms Alice Analogue for Design Patents

Benesch on

In Curver Luxembourg, SARL v. Home Expressions Inc. (No. 2018-2214, Fed. Cir. Sept. 12, 2019), the Federal Circuit affirmed the dismissal of a design patent infringement suit that alleged infringement of U.S. Des. Pat. No....more

Akin Gump Strauss Hauer & Feld LLP

Prosecution History Estoppel Bars Amgen’s Infringement Claim Under the Doctrine of Equivalents

The Federal Circuit affirmed a district court decision barring Amgen from asserting an infringement claim under the doctrine of equivalents against Coherus Biosciences because Amgen disclaimed all combinations not identified...more

McDermott Will & Emery

Is Invention “Directed to” an Abstract Idea? Look to the Specification

McDermott Will & Emery on

Addressing the various factors a court may consider in order to determine whether a claim is “directed to” an abstract idea, the US Court of Appeals for the Federal Circuit upheld the district court’s dismissal of all claims...more

Fish & Richardson

Who Can Be A Defendant In Biosimilar Patent Litigation?

Fish & Richardson on

Can a party that did not submit an abbreviated biologics license application or an abbreviated new drug application, but will market the biosimilar or generic product after U.S. Food and Drug Administration approval, be sued...more

McDermott Will & Emery

Stick to the Pleading when Deciding Motion to Dismiss

The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more

Knobbe Martens

Coda Development v. Goodyear Tire & Rubber

Knobbe Martens on

Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more

Patterson Belknap Webb & Tyler LLP

Claims for Analyzing Twitter Posts Held Unpatentable by Judge Castel

On October 29, 2018, United States District Judge P. Kevin Castel (S.D.N.Y.) issued a decision granting Defendant Bloomberg's Rule 12(b)(6) motion to dismiss iSentium's patent infringement claim because it is directed to...more

Fox Rothschild LLP

Chief Judge Stark Denies Defendant’s Partial Motion To Dismiss Based On Patent Ineligible Subject Matter Without Prejudice To...

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Visual Effect Innovations, LLC v. Sony Electronics Inc., Civil Action No. 17-1276-LPS (D.Del. September 30, 2018), the Court denied Sony’s partial motion to...more

K&L Gates LLP

23andME, INC. v. Ancestry.com DNA, LLC

K&L Gates LLP on

In 2003, for the first time in history, mankind sequenced an entire human genome. The endeavor – known as The Human Genome Project – took 13 years to complete....more

Knobbe Martens

Federal Circuit Review - June 2018

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A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more

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