In an expert analysis published by Law360, Partner Thomas Sprankling and Counsel Vikram Iyer discuss the Federal Circuit's Aug. 6 decision affirming a dismissal at the pleading stage in Mobile Acuity and how the decision clarifies Section 101 procedures.
Excerpt: “Mobile Acuity confirms that — at least under Ninth Circuit procedure — a plaintiff cannot evade a motion to dismiss simply by failing to make allegations related to Section 101 in the complaint. Although Section 101 is an affirmative defense, it can be raised in a motion to dismiss where the fact that the patents claim an unpatentable idea, law or phenomenon is apparent on the face of those patents.”
