In an article published by Law360, Principals Kevin Schubert and Scott Hejny discuss the U.S. Court of Appeals for the Federal Circuit decision on a trio of appeals related to when sufficient facts exist for courts to deny motions to dismiss on patent eligibility. The decisions mostly favored patent owners and generally found sufficient facts were pled in the complaint to overcome a motion to dismiss asserted patents as invalid for covering ineligible subject matter under Title 35 of the U.S. Code, Section 101. Turning on whether the complaint provides sufficient facts that the asserted claims contain an inventive concept per the second step of the U.S. Supreme Court's Alice test for patent eligibility, these decisions provide four pointers for drafting complaints with sufficient eligibility facts to survive a motion to dismiss. Read the article here.
