top of page

Prior to filing an Answer to the Complaint, I will evaluate whether a 12(b)(6) motion to dismiss could be filed to dismiss the complaint because the patent claims ineligible subject matter under 35 USC § 101. A § 101 motion to dismiss is typically filed when the claimed subject matter covers computer related inventions, such as an abstract idea implemented using software as compared to software that improves the operation of a computer. If a § 101 motion to dismiss succeeds, the patent is effectively invalidated and the infringement complaint is dismissed. For this reason, it is typically well worth the money to file a § 101 motion to dismiss when there is a relative likelihood of success. My legal fees cover the evaluation and consultation as to whether a § 101 motion to dismiss should be filed, as well as the fees for drafting the initial motion, for drafting the reply to the patent owner's response, and  for oral arguments at the hearing.

Next Stage

bottom of page