Thursday, September 8, 2016

Motion to Dismiss for Lack of Patentable Subject Matter Denied for Failure to Establish Representative Claims​

The court denied without prejudice defendant's motion to dismiss on the ground that plaintiff’s four wireless routing patents encompassed unpatentable subject matter because defendant failed to meet its burden to establish a representative claim. "[Defendant] has not adequately explained why the Asserted Patents relate to the same abstract idea embodied by [one claim of one of the patents-in-suit]. . . . [Defendant] asserts in conclusory fashion: 'All Asserted Patents generally related to the same subject matter, are substantially similar, and claim the same abstract idea-fundamental methods of routing a message among a plurality of telecommunication nodes, independent of a central computer separate from nodes.'. . . The court agrees with [plaintiff] that [defendant] fails 'to identify a consistent abstract idea upon which to base its motion.' Furthermore, [defendant] fails to provide meaningful analysis for each of the challenged patent claims at issue."

JSDQ Mesh Technologies LLC v. Fluidmesh Networks, LLC f/k/a Fluidmesh Networks, Inc., 1-16-cv-00212 (DED September 6, 2016, Order) (Sleet, USDJ)

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