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invalidating a patent claim-72

The Federal Circuit reversed the district court’s decision in that case, but subsequent district courts nonetheless followed the Central District of California.

In May 2012, a District of Maryland court wrote that it had identified “no authority for holding a claim ineligible for patent protection on a motion to dismiss for failure to state a claim.” Classen Immunotherapies Inc.

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-- Not long ago, seeing a court invalidate a patent before claim construction or summary judgment was a defendant’s pipe dream.

The court further found that dismissal pursuant to 12(b)(6) or 12(c) is warranted if the “only plausible reading of the patent must be that there is clear and convincing evidence of ineligibility.” Id. CLS Bank, expected in June 2014, could significantly impact the efficacy of early stage § 101 motions.

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