Whitserve LLC v. Donuts Inc., et al.
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)?
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)