Wednesday, February 11, 2015

Absent Stipulation, §101 Challenge Must Address Individual Claims, Not Representative Examples

The court denied without prejudice defendants' motion for judgment on the pleadings that plaintiff's reimbursement system patents were invalid for lack of patentable subject matter because defendants' arguments were based on a unilaterally designated representative claim. "'[A] party challenging the validity of a claim, absent a pretrial agreement or stipulation, must submit evidence supporting a conclusion of invalidity of each claim the challenger seeks to destroy.'. . . In order to narrow the issues, and to conserve both the Court’s and the parties’ resources, the parties are encouraged to stipulate to representative claims. Absent a stipulation, Defendants will be required to address the challenged claims individually in any subsequent motion."

Stoneeagle Services, Inc. v. Pay-Plus Solutions, Inc. et al, 8-13-cv-02240 (FLMD February 9, 2015, Order) (Covington, J.)

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