Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgement of Invalidity Under 35 U.S.C. §101September 9, 2021 – The Intellectual Property Strategist
On July 13, 2021, a Federal Circuit panel of Judges Dyk, Linn, and O’Malley issued a unanimous opinion, authored by Judge O’Malley, in Bot M8 LLC v. Sony Corp. of America, Case No. 2020- 2218. The panel reversed the Northern District of California’s finding that Bot M8’s infringement allegations were insufficient with respect to two of the patents-in-suit, affirmed the district court’s dismissal of Bot M8’s claims as to two other patents-in-suit for failure to state a plausible claim of infringement, affirmed the district court’s judgment of invalidity of one of the patents under 35 U.S.C. §101, and remanded for further proceedings. Slip Op. at 3-4.
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