Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Motion to Dismiss

A motion to dismiss tests whether a complaint states a claim at all, before discovery and on the pleadings alone. In patent litigation it is most often used to challenge the sufficiency of infringement allegations, to argue that the asserted claims are directed to ineligible subject matter, or to contest the court's jurisdiction over a party. The court accepts the complaint's factual allegations as true and asks whether they plausibly support relief, which means these rulings turn on what a pleading says rather than on what the evidence will show. The opinions collected here include dismissals with and without leave to amend, denials that send a case into discovery, and rulings on renewed motions after amendment.

1,320 opinions and orders, showing 801–1,000.