Klarquist Wins Motion to Dismiss for Client LinkedIn
On Friday, Chief Judge Leonard Stark of the District of Delaware granted Klarquist’s motion, filed on behalf of LinkedIn Corp., to dismiss DiStefano Patent Trust III, LLC’s complaint alleging infringement of U.S. Patent No. 8,768,760. The ’760 patent is entitled “Reciprocal Linking Arrangement Between Web Pages.” The motion sought dismissal on the ground that the claims were not directed to patent-eligible subject matter under 35 U.S.C. §101.
In granting the motion to dismiss, Chief Judge Stark rejected DiStefano’s contentions that a factual dispute existed based on unsupported allegations made in the complaint about the inventive concept of the asserted claims. Each of those allegations, Chief Judge Stark held, “merely recites a boilerplate legal conclusion without any supporting facts in the remaining sections of the complaint, in the specification, or in the claims.”
Link to Opinion & Order