Topic: if patent eligibility is challenged in a motion to dismiss … · Go Syfert
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Topic #24467

3 canonical passages across 3 cases, quoted by 17 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Aatrix Software, Inc. v. Green Shades Software, Inc..

#Case FlagCanonical passage Citers
1 Aatrix Software, Inc. v. Green Shades Software, Inc. Anchor
cafc · 2018
green “if patent eligibility is challenged in a motion to dismiss for failure to state a claim pursuant to rule 12(b)(6), we must apply the well-settled rule 12(b)(6) standard which is consistently applied in every area of law.” 6
2 Christian Fenico v. City of Philadelphia
ca3 · 2023
green “the primary question in deciding a motion to dismiss is not whether the plaintiff will ultimately prevail, but rather whether they are entitled to offer evidence to establish the facts alleged in the complaint.” 6
3 Abdoulai Bah v. United States
ca3 · 2024
green “to state a viable claim, a plaintiff must offer a short and plain statement showing that he is entitled to relief, including 'allegations plausibly suggesting (not merely consistent with)' such entitlement.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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