• Dowd Scheffel

Dowd Scheffel files petition for Writ of Certiorari in TS Patents LLC v. Yahoo! Inc

Dowd Scheffel filed petition for writ of certiorari for its client, TSPatents LLC, in TS Patents LLC v. Yahoo! Inc with Matthew Dowd as lead counsel. The case follows the precedents set by Berkheimer and Aatrix by asking the U.S. Supreme Court to address the following question: Can a court dismiss a patent infringement complaint under Rule 12(b)(6), for a lack of patent eligibility under 35 U.S.C. § 101, when the complaint and patent assert that the invention yields novel technical improvements over existing technologies, or must those factual assertions be presumed true, consistent with Ashcroft v. Iqbal, 556 U.S. 662 (2009)? The filing was highlighted on Patently-O as an important follow-up case to Berkheimer.

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