Partner Mark Lezama authored the Bloomberg Law article “How Patent Holders Can Avoid Early Dismissal at Pleadings Stage.”
The article discusses a recent Federal Circuit decision, Cooperative Entertainment Inc. v. Kollective Technology, Inc., which provides guidance on how to avoid dismissal at the pleading stage under Section 101.
According to Lezama, “In Cooperative Entertainment Inc. v. Kollective Technology Inc., the court said dismissal was inappropriate because the patent holder had alleged an inventive concept sufficiently plausibly to preclude dismissal at the pleading stage. The district court had ruled that Cooperative’s claims over its video sharing technology were invalid under Section 101.”
Lezama goes on to explain how patent holders can replicate Cooperative’s success. He writes, “Patent holders can first make sure their patents explain how the invention constitutes an advancement over the prior art, and then repeat that explanation in their pleadings.” When filing suit, Lezama writes, “Patent holders should also focus the complaint on claims with a textual hook to the inventive concepts described in the specification and the complaint’s factual allegations.”
Read the full article here.
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