Posts Tagged: "Green Shades"

“The Aatrix ruling is significant because when deciding a motion to dismiss all factual allegations made by the plaintiff (i.e., the patent owner) in the complaint are supposed to be taken as true,” explained patent attorney Gene Quinn. “The Federal Circuit has not always seemed to apply basic, fundamental procedural rules when reviewing cases dismissed for lack of patent eligibility on a motion to dismiss. Returning patent litigation to the status quo required by the Federal Rules of Civil Procedure will make it much more difficult for defendants to prevail on motions to dismiss if complaints are properly worded.”

Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green Shades, the Federal Circuit just vacated two patent ineligibility determinations… And if you think these declarations are too good to be true, take a look at the decisions, both drafted by Judge Moore. Both are in the software field… The Court held that the district court erred in granting summary judgment of ineligibility with respect to some of Berkheimer’s claims… In Aatrix Software v. Green Shades, the Court vacated a Rule 12 dismissal for lack of patent eligibility.