No. 20-325

Whitserve LLC v. Donuts Inc., et al.

Lower Court: Federal Circuit
Docketed: 2020-09-11
Status: Denied
Type: Paid
Tags: 35-usc-101 commercial-success fact-weighing patent-eligibility patent-infringement patent-validity presumption-of-validity rule-12(b)(6) rule-12b6 statutory-presumption
Key Terms:
Patent
Latest Conference: 2020-11-13
Question Presented (AI Summary)

Whether a district court is permitted to overlook a patentee's factual assertions regarding patent-eligibility under 35 U.S.C. § 101, including assertions of non-conventional activity and commercial success, and dismiss the patentee's complaint under Rule 12(b)(6) given the requirements of Rule 12(b)(6) analyses and the statutory presumption of § 282(a)

Question Presented (from Petition)

QUESTIONS PRESENTED If a patentee makes factual assertions that its claimed invention is directed to patent-eligible subject matter under 35 U.S.C. § 101, including assertions that the claimed invention does not consist of well-understood, routine, or conventional activity and that the claimed invention is supported by evidence of commercial success, is a district court permitted to overlook the patentee’s assertions, find that the claimed invention is directed to patent-ineligible subject matter, and dismiss the patentee’s complaint under Rule 12(b)(6) given the requirements of Rule 12(b)(6) analyses and the statutory presumption of § 282(a)? 1

Docket Entries

2020-11-16
Petition DENIED.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-10-23
Reply of petitioner Whitserve LLC filed. (Distributed)
2020-10-13
Brief of respondents Donuts Inc., et al. in opposition filed.
2020-09-08
Petition for a writ of certiorari filed. (Response due October 13, 2020)

Attorneys

Donuts Inc., et al.
Brian S. RosenbloomRothwell, Figg, Ernst & Manbeck, P.C., Respondent
Brian S. RosenbloomRothwell, Figg, Ernst & Manbeck, P.C., Respondent
Whitserve LLC
Michael Joseph KosmaWhitmyer IP Group LLC, Petitioner
Michael Joseph KosmaWhitmyer IP Group LLC, Petitioner