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Patents Motion to Dismiss

Patterson Belknap Webb & Tyler LLP

Judge Román “Illuminates” Lack of Personal Jurisdiction and Improper Venue in Light Bulb Camera Case

Judge Nelson S. Román (S.D.N.Y.) recently granted a motion to dismiss for lack of personal jurisdiction and improper venue in a patent case. Wang v. Laview Eagle Eye Tech. Inc., No. 24-cv-01822-NSR, 2025 WL 2371222, at *1...more

Alston & Bird

Patent Case Summaries | Week Ending August 15, 2025

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PowerBlock Holdings, Inc. v. iFit, Inc., No. 2024-1177 (Fed. Cir. (D. Utah) Aug. 11, 2025). Opinion by Stoll, joined by Taranto and Scarsi (sitting by designation). PowerBlock sued iFit for infringement of a patent directed...more

McDermott Will & Schulte

Feel the burn: Mechanical improvement is patent eligible under § 101

The US Court of Appeals for the Federal Circuit reversed a district court’s partial dismissal of the plaintiff’s patent claims under 35 U.S.C. § 101, finding that the claims were not directed to an abstract idea under Alice...more

McDermott Will & Schulte

Collateral estoppel remains inapplicable to unchallenged IPR claims

Returning to its decision in Kroy IP, the US Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc, leaving undisturbed its prior opinion that collateral estoppel does not apply...more

Patterson Belknap Webb & Tyler LLP

Nothing to See Here: Judge Engelmayer Finds Claims Directed to Interactive Mobile Advertising to be Abstract

On July 21, 2025, District Judge Paul A. Engelmayer (S.D.N.Y.) granted Defendants Teads, Inc., Teads SA, and Teads SARL’s (together, “Teads”) Motion to Dismiss Yieldmo, Inc.’s (“Yieldmo”) Amended Complaint alleging that Teads...more

Patterson Belknap Webb & Tyler LLP

If at First You Don’t Succeed, Do Not Try Again: Judge Oetken Invokes Collateral Estoppel to Dismiss Plaintiff’s Infringement...

On July 9, 2025, Judge J. Paul Oetken (S.D.N.Y) found that collateral estoppel barred plaintiff Linfo IP, LLC from relitigating the validity of its asserted patent and dismissed Linfo’s infringement claims against Aero...more

McDermott Will & Schulte

No Blank Check: Vendor Can’t Claim Declaratory Judgment From Customer Lawsuits Alone

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a declaratory judgment action, explaining that declaratory judgment jurisdiction does not “arise merely on the basis that a party learns...more

Proskauer - The Patent Playbook

Interesting Recent § 101 Cases – Structural Components Are Not Enough

Your Package Could Not Be Delivered – District of Delaware Strikes Electronic Storage Room Claims as Patent Ineligible - Judge Choe-Groves of the United States Court of International Trade granted Defendant’s Motion to...more

Holland & Knight LLP

Federal Circuit Grounds Aircraft Taxability Patent Under Section 101

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Aviation Capital Partners v. SH Advisors, the U.S. Court of Appeals for the Federal Circuit affirmed the ineligibility of claims directed to determining the taxability status of aircraft based on flight data. The panel upheld...more

Foley & Lardner LLP

Alice Patent Eligibility Analysis Divergance before USPTO and District Court: Federal Circuit Clarifies Limits on Relying on USPTO...

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In our prior article, we discussed instances in which the U.S. Patent and Trademark Office (USPTO) and the district courts made different findings with regard to patent eligibility under 35 U.S.C. § 101. A recent...more

Patterson Belknap Webb & Tyler LLP

Not for the Faint of Heart: Magistrate Judge Wicks Recommends Dismissal of Heart Monitoring Patent Case for Failure to Join a...

United States Magistrate Judge James M. Wicks (E.D.N.Y.) recommended that Defendant Apple Inc.’s (“Apple”) motion to dismiss Plaintiff Joseph Wiesel’s (“Wiesel”) action for infringement of U.S. Patent No. 7,020,514 (the “’514...more

Hudnell Law Group

Federal Circuit Issues First Word on AI Patent Eligibility

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On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v....more

Patterson Belknap Webb & Tyler LLP

All Shimmer and No Shine: Magistrate Judge Willis Recommends Granting Motion to Dismiss for Lack of Personal Jurisdiction and...

Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Federal Circuit IP Appeals – Amarin Pharma, Inc. v. Hikma Pharm. USA Inc., 104 F.4th 1370 (Fed. Cir. 2024) (Moore, Lourie,...

Amarin sells the drug icosapent ethyl under the brand name Vascepa. Vascepa is approved by the FDA for two indications: (i) to treat severe hypertriglyceridemia, a condition characterized by blood triglyceride levels greater...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case: Kroy IP Holdings, LLC v. Groupon Inc.

After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in district court without being collaterally estopped? This was the question presented...more

Haug Partners LLP

Federal Circuit Limits Use of PTAB Unpatentability Rulings to Estop Patentees From Asserting Claims

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On February 10, 2025, the Federal Circuit issued a precedential decision in Kroy IP Holdings, LLC v. Groupon, Inc., where the Court held that a “a prior final written decision of the [PTAB] of unpatentability on separate...more

Fish & Richardson

Texas Round-Up: December 2024

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Three subjects stood out in patent litigation in Texas in December 2024: (1) knowledge of related patents, general patent portfolio, or other asserted patents do not establish the knowledge requirement for pre-suit indirect...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Factual Disputes Preclude Application of Safe Harbor to Gene Editing Technology at the Pleading Stage

The District of Delaware recently denied a motion to dismiss a patent infringement complaint involving gene editing technology that sought relief under the Safe Harbor Provision of the Hatch-Waxman Act. Specifically, the...more

Patterson Belknap Webb & Tyler LLP

A Less Than Five-Star Review: Judge Furman Grants Motion to Dismiss Finding Claims Directed to a Rating System to be Abstract

On January 3, 2025, District Judge Jesse M. Furman granted Defendant Trustpilot, Inc.’s (“Trustpilot”) Motion to Dismiss Linfo IP, LLC’s (“Linfo”) complaint alleging that Trustpilot directly and indirectly infringed U.S....more

A&O Shearman

District Of Massachusetts Invalidates Epigenetics Method Patents For Lack Of Eligible Subject Matter

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In biomodal Ltd. v. New England BioLabs, Inc., No. 24-cv-11697-RGS, Dkt. No. 78 (D. Mass. Nov. 2024), Defendant New England BioLabs, Inc. (“NEB”) filed a motion to dismiss the claims of infringement of five patents as...more

A&O Shearman

Federal Circuit Provides Guidance On Rule 12(b)(6) Stage Claim Construction

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On October 18, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision addressing claim construction at the Rule 12(b)(6) stage. In UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2024

Cisco Systems, Inc. et al. v. K.Mizra LLC, Appeal Nos. 2022-2290, 2023-1183 (Fed. Cir. Nov. 19, 2024) In the Federal Circuit’s only precedential action this week, a panel of the Court declined to dismiss an appeal after...more

Alston & Bird

IP Litigation Newsletter - November 2024

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Welcome to the Intellectual Property Litigation Newsletter, our new review of decisions and trends in the intellectual property arena. In this edition, we learn that advice is best coming from counsel, Texas claims...more

Knobbe Martens

Resolving Claim Construction Dispute at 12(b)(6) Stage May Be Error if Specification Indicates Claim Term Does Not Have its Plain...

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UTTO INC. v. METROTECH CORP. Before Prost, Taranto, and Hughes.  Appeal from the United States District Court for the Northern District of California. Summary: The district court erred in construing the claims at the motion...more

Knobbe Martens

Federal Circuit Review | October 2024

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Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure...more

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