Dismissal

Unsupportable Claim Construction Warrants 12(b)(6) Dismissal

Where the plaintiff could only rely on a construction of a patent claim term that was implausible, a magistrate judge recommended dismissal of the plaintiff’s complaint under FRCP 12(b)(6).  Bartonfalls, LLC v. Turner Broadcast… Read More

No Attorney Fees after Dismissal for Lack of Patent-Eligibility

Until the law defining patentable subject matter under § 101 gains clarity, don’t expect attorney fees for cases dismissed under § 101.  And if a court denies your motion before the opposing party even responds, that’s a si… Read More