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ARTICLE · 08 MARCH 2018

Factual Issues Underlying § 101 Analysis Can Preclude Dismissal Under Rule 12(B)(6)

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Aatrix Software, Inc. v. Green Shades Software, Inc., No. 2017-1452 (Fed. Cir. Feb. 14, 2018), the Federal Circuit reversed-in-part and vacated-in-part ...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In Aatrix Software, Inc. v. Green Shades Software, Inc., No. 2017-1452 (Fed. Cir. Feb. 14, 2018), the Federal Circuit reversed-in-part and vacated-in-part the district court's dismissal under Rule 12(b)(6), remanding to allow the plaintiff to file an amended complaint that pleads factual disputes relating to the § 101 analysis.

Aatrix sued Green Shades for infringement of two patents directed to systems and methods for designing, creating, and importing data into a viewable form on a computer. Green Shades moved to dismiss under Federal Rule 12(b)(6), arguing that the asserted claims were not patent ineligible under § 101. The district court granted Green Shades' motion. Aatrix then moved to modify and vacate the judgment, for reconsideration, and to file an amended complaint that included allegations and evidence relating to the § 101 challenge. The district court denied Aatrix's motion. Aatrix appealed.

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