SJ based upon 101 defeated by amended complaint that "plausibly alleges ... inventive concepts"
RICK NEIFELD
Today, from Cooperative Entertainment, Inc. v. Kollective Technology, Inc., 2021-2167 (Fed. Cir. 9/28/2021):
...Cooperative argues the
district court erred because, inter alia, its
amended com-
plaint plausibly alleges
that the ’452 patent claims recite
inventive concepts at Alice step two, precluding dismissal.
See Appellant’s Br. 3–17, 38–46. We agree. Claim 1 con-
tains several alleged inventive concepts
which the specifi-
cation touts as specific improvements
in the distribution of
data compared to the prior art. The
amended complaint
plausibly alleges these inventive concepts, and this
should
have defeated Kollective’s Rule 12(b)(6) motion
in this case.
[Cooperative Entertainment, Inc. v. Kollective Technology, Inc., 2021-2167
(Fed. Cir. 9/28/2021).]
It seems that Cooperative original complaint did not assert the claims embodied inventive concepts disclosed in the specification in anticipation of an Alice, step 2, challenge. Do you think the complaint should have included anticipatory assertions?
Best regards, Rick Neifeld, Ph.D., Patent Attorney
Neifeld IP Law PLLC
9112 Shearman Street, Fairfax VA 22032-1479, United States
Mobile/Office: 7034150012
Fax: 15712810045
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