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Patents Software Motion to Dismiss

Patterson Belknap Webb & Tyler LLP

A Less Than Five-Star Review: Judge Furman Grants Motion to Dismiss Finding Claims Directed to a Rating System to be Abstract

On January 3, 2025, District Judge Jesse M. Furman granted Defendant Trustpilot, Inc.’s (“Trustpilot”) Motion to Dismiss Linfo IP, LLC’s (“Linfo”) complaint alleging that Trustpilot directly and indirectly infringed U.S....more

Hudnell Law Group

Intrinsic Record Paramount In Rule 12 Eligibility Determinations

Hudnell Law Group on

In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under...more

McDermott Will & Emery

New or Not, Object-Oriented Simulation Patent Ineligible Under § 101

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio,...more

Patterson Belknap Webb & Tyler LLP

Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process

On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”)...more

Morris James LLP

Plaintiff Survives Motion To Dismiss Provided Complaint Is Amended To Include Record Generated Through Motion Practice

Morris James LLP on

Robinson, J. Defendants’ motions to dismiss the complaint for failure to state a claim are denied. Claim 1 is a method claim and the accused network congestion management practices are used by defendants internally. The...more

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