Patent Litigation: Motions to Dismiss | Practical Law

Patent Litigation: Motions to Dismiss | Practical Law

A Practice Note describing key considerations for the patent owner's and accused infringer's counsel when preparing motions to dismiss or strike claims and counterclaims in patent litigation under Rule 12 of the Federal Rules of Civil Procedure (FRCP). In particular, this Note discusses grounds for moving to dismiss infringement, invalidity, and inequitable conduct claims and counterclaims under FRCP 12(b)(6). It also discusses motions to dismiss for lack of subject matter or personal jurisdiction or improper venue and motions to strike under FRCP 12(f).

Patent Litigation: Motions to Dismiss

Practical Law Practice Note 6-545-5520 (Approx. 22 pages)

Patent Litigation: Motions to Dismiss

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Practice Note describing key considerations for the patent owner's and accused infringer's counsel when preparing motions to dismiss or strike claims and counterclaims in patent litigation under Rule 12 of the Federal Rules of Civil Procedure (FRCP). In particular, this Note discusses grounds for moving to dismiss infringement, invalidity, and inequitable conduct claims and counterclaims under FRCP 12(b)(6). It also discusses motions to dismiss for lack of subject matter or personal jurisdiction or improper venue and motions to strike under FRCP 12(f).