Spotlight On Upcoming Oral Arguments – August 2018

Monday, August 6, 2018

Uniloc USA, Inc. v. Amazon.com, Inc., No. 17-2051, Courtroom 402

Uniloc appeals from an Eastern District of Texas decision finding the claims of U.S. Patent No. 8,556,960 invalid under 35 U.S.C. § 101 and granting Amazon's Fed. R. Civ. P. 12(b)(6) motion to dismiss.  Uniloc argues that in granting Amazon's motion to dismiss, the district court inappropriately considered evidence beyond the pleadings and failed to draw all reasonable inferences in Uniloc's favor.  Uniloc further argues that the district court's holding relies on several unsupported factual findings, such as, what was "routine, generic, well-understood, or conventional" in the art at the time of the invention.  Amazon argues that the district court was entitled to take judicial notice of basic economic concepts and to rely on intrinsic evidence such as subject matter incorporated by reference in the patent.