IP Blog
factual allegations
Conclusory Legal Statements are not Factual Allegations to Survive Section 101 Eligibility: Dropbox Inc. v. Synchronoss Techs, Inc.
Conclusory legal statements that attempt to invoke a factual allegation do not sufficiently allege an inventive concept to satisfy patent eligibility under 35 U.S.C. § 101. Dropbox Inc., Orcinus Holdings, LLC v. Synchronoss Techs. Inc, 2019-1765, 2019-1767, 2019-1823 (Fed. Cir. June 19, 2020) (nonprecedential). Plaintiff Dropbox asserted infringement of U.S. Patent Nos. 6,178,505, 6,058,399, and 7,567,541 against Defendant Synchronoss. The...
Factual Allegations Save Streaming Patents From Dismissal
The Central District of California upheld validity under 35 U.S.C. § 101 of several patents related to encryption and decryption of streaming video content, noting that the factual allegations in the complaint sufficed to survive the pleading stage. DivX, LLC. v. Netflix, Inc., CV 19-1602 (C.D. Cal. Nov. 4, 2019). Plaintiff asserted several patents, and while the discussion of each...
Few Factual Allegations Enough to Allege Patent Infringement
Only a few factual allegations are required to survive a Motion to Dismiss a complaint alleging patent infringement, held the Southern District of Florida in Raptor, LLC. and Concrete Services, LLC. v. Odebrecht Construction, Inc. and Barreiro Construction Corp., NO. 17-21509-CIV-ALTONAGA (S.D. Fla. Feb. 13, 2018). Plaintiffs own U.S. Patents 8,920,068, 8,956,075, and 9,435,085, directed to concrete structure formation. Defendant...