Posts Tagged: motion to dismiss
Five Years after Form 18: Post-Iqbal–Twombly Rule 12(b)(6) and 12(c) Motions to Dismiss Patent Infringement Claims
Today, district courts evaluate whether patent infringement complaints satisfy the plausibility standard under Fed. R. Civ. P. 8 and the Supreme Court’s Iqbal–Twombly standard. Five years …
Patagonia Case Cautions Against Rule 12 Motions to Dismiss Dilution Claims
The U.S. District Court for the Central District of California recently issued a decision in the closely watched Patagonia, Inc. v. Anheuser-Busch, LLC, 19-CV-02702 case. Here, …
Michigan Court Dismisses Trademark Suit Between Ready for the World Band Members
The U.S. District Court for the Eastern District of Michigan, Southern Division, on September 9 granted Motions to Dismiss in favor of all defendants in a federal …
Conclusory Legal Opinions of Patentee’s Expert Not Enough to Prevent 12(b)(6) Dismissal
Several weeks ago, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Glasswall Solutions Limited v. Clearswift Ltd., affirming a district court’s …
Section 101 Motions to Dismiss Still Alive in District Courts
In Berkheimer and Aatrix, the Federal Circuit indicated that although patent eligibility under Section 101 is ultimately a question of law, the determination may have factual underpinnings that, …
Federal Circuit Issues Another Rule 36 Patent Eligibility Loss to a Patent Owner
This particular Rule 36 patent eligibility loss for the patent owner came in Digital Media Technologies, Inc. v. Netflix, Inc., et al., affirmed the district court’s finding …
Cardiac Monitoring Patent Invalidated Under § 101 as Patent Ineligibility
U.S. District Judge Indira Talwani of the District of Massachusetts signed an order dismissing a patent infringement suit brought by Malvern, PA-based wireless medical technology company …
Apple and Samsung Settle Patent Dispute Proving Patent Litigation Doesn’t Hinder Consumer Access
On Wednesday, June 27th, a pair of orders of dismissal, one entered in the District of Delaware and the other entered in the Northern District of California, …
Askeladden LLC Submits Another Amicus Brief Advocating Against Tribal Sovereign Immunity for PTAB Proceedings
In this regard, a PTAB proceeding is not a suit in court, but instead an administrative proceeding in which the Patent Office (through the PTAB) takes “a …
Messy Trademark Case Over ‘The Sloppy Tuna’ Gets Cleaned Up by the Second Circuit
???In Montauk U.S.A. v. 148 South Emerson Associates the Second Circuit vacated-in-part an earlier ruling in a trademark case. In that ruling, the district court denied …
CAFC Upholds Section 101 Invalidity Finding on Rule 12(b)(6) Motion, Nixing Patents Covering App Management
On Monday, April 9th, the Court of Appeals for the Federal Circuit upheld the invalidity of a series of patents asserted against the American subsidiary of Japanese …
Judge Finds Taylor Swift Lyrics Lack Originality and Creativity
So uncreative did Judge Michael Fitzgerald find Taylor Swift's 2014 hit Shake It Off, he dismissed a copyright infringement case filed against her. In his opinion Judge Michael …
Factual Allegations on Inventive Concept Preclude Dismissal of Complaint Under § 101
In Atrix Software v. Green Shades Software, Aatrix sued Green Shades for infringement, and Green Shades moved to dismiss. The district court granted the motion, holding: (1) claim 1 …
Aatrix Software v. Green Shades Software: Pleading must be taken as true on 101 motion to dismiss
"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 …
Berkheimer v. HP: Federal Circuit says patent eligibility a factual determination inappropriate for summary judgment
Berkheimer is also equally important, if not more important, because it stands for the proposition that questions of fact can and do underline patent eligibility determinations. This …
