Rule 12(b)(6) Motion to Dismiss Brief (Section 101) (Computer Technology)

Summary

This template is for a brief in support of a motion to dismiss a patent infringement claim for lack of subject matter eligibility under 35 U.S.C. § 101. The template includes practical guidance and drafting notes. This brief supports a motion to dismiss a patent infringement claim in the field of computer technology under the standard for patent subject matter eligibility set forth by the Supreme Court in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208 (2014). This template assumes that you are moving to dismiss the complaint in its entirety (i.e., that your motion, if granted, would dispose of the entire case). However, you should adapt this template to the factual background and legal arguments in your case. Also, check local rules and your judge's rules to ensure that you comply with all local requirements for briefs, including formatting requirements and restrictions on the length of the brief. Under Fed. R. Civ. P. 12, you may raise the defense of failure to state a claim in ...