Bot M8 LLC v. Sony Corp. of America, No. 20-2218 (Fed. Cir. 2021)Annotate this Case
Bot sued Sony, alleging infringement of six patents related to gaming. The district court held a case management conference, during which Bot agreed to file an amended complaint. The district court dismissed Bot's amended complaint as to the 540, 990, 988, and 670 patents and denied Bot’s motion for leave to file a second amended complaint. As to the 363 patent, the district court granted Sony summary judgment, finding claim 1 invalid under 35 U.S.C. 101.
The Federal Circuit affirmed in part, reversed in part, and remanded for further proceedings. To the extent the district court characterized its colloquy with counsel during the case management conference as “directing” Bot to file a first amended complaint, there was no abuse of discretion, nor in dismissing Bot’s claims as to the 540 and 990 patents for failure to state a plausible claim of infringement. A plaintiff is not required to plead infringement on an element-by-element basis but there must be some factual allegations that, when taken as true, articulate why it is plausible that the accused product infringes the patent claim. With respect to the 988 and 670 patents, the district court erred in finding the infringement allegations insufficient. Claim 1 of the 363 patent is invalid under section 101.