WhitServe LLC v. Dropbox, Inc.


Question(s) Presented

1. “If a patentee makes factual assertions and provides supporting evidence that its claimed invention is directed to patent-eligible subject matter under 35 U.S.C. § 101, is a court permitted to overlook the patentee’s assertions and evidence, provide no opportunity for a hearing, ignore the perspective of a person having ordinary skill in the art at the time of the invention, find that the claimed invention is directed to patent-ineligible subject matter, and dismiss the patentee’s complaint with prejudice despite the requirements of Rule 12(b)(6) and the statutory presumption of § 282(a)?”

2. “Whether 35 U.S.C. § 101 requires a patent specification to explain the technological processes underlying the purported technological improvement in a patent claim, or if this encroaches on the enablement test under 35 U.S.C. § 112?”


Posts About this Case

Proceedings and Orders
December 22, 2021
DISTRIBUTED for Conference of 1/7/2022.
January 10, 2022
Petition DENIED.