Clique Wins Lawsuit at the Federal Circuit

Fed. Circ. Affirms Alice Win for Fashion E-Commerce Co.
– Law360

Law360 reported that Manatt’s Yasser El-Gamal, co-chair of the firm’s intellectual property practice, represented Clique Brands Inc. as the Federal Circuit dismissed a suit against the fashion e-commerce company.

The publication noted that the Federal Circuit dismissed a patent infringement suit filed by Product Association Technologies LLC against Clique, as the internet patent was considered too abstract under the U.S. Supreme Court’s Alice Corp. decision. Clique won the initial April 2017 lawsuit that lawsuit was transferred to the Central District of California; Clique then won again in the appeal at the Federal Circuit level.

“Clique is obviously quite pleased with the result,” said El-Gamal. “Perhaps most importantly, today’s judgement, which affirmed the Honorable Judge George Wu’s 101 invalidity ruling on our 12(b)6 motion, makes clear that 101 invalidity issues may still be properly tested and disposed of at the pleading stage even after the Federal Circuit’s Aartix and Berkheimer decisions.”



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