John Lunseth Quoted in Law360 ArticlePrint PDFShare
The Federal Circuit reversed a lower court for invalidating patents on a motion to dismiss, as directed to abstract ideas. The patents are for a specific implementation of add-on forms software. The Federal Circuit ruled that there were issues of fact about whether two Aatrix Software Inc. patents claim patent-ineligible subject matter, so Judge Harvey E. Schlesinger of the Middle District of Florida was wrong to dismiss the company’s suit against Green Shades Software Inc. The case is a return to long-standing law that that a pleading that raises factual issues may not be dismissed under Rule 12(b)(6) of the Federal Rules. The decision may affect a large group of “Alice” cases, so-named for a US Supreme Court case by that name. Alice cases have been cutting a wide swath through the world of software patents, and a very large number of software patents have been invalidated as a result.
John Lunseth, Briggs shareholder and attorney for Aatrix, commented, "We are gratified to see that there is a trend to return to the very long-standing law that ... dismissal is not appropriate where there are material issues of fact."