Rockridge Venture Law® attorneys Kevin Christopher and Jerry Canada have filed an amicus curiae brief before the Federal Circuit Court of Appeals in the case VoIP-Pal.com v. Twitter, Inc., et al, Docket No. 19-1808. Specifically, Christopher and Canada argue in support of VoIP-Pal’s petition for rehearing en banc. VoIP-Pal’s petition challenges the standard used by U.S. District Court judges to adjudicate Rule 12 motions to dismiss based on § 101 of the patent law prior to claim construction. Essentially, VoIP-Pal argues that a judge should not be able to dismiss a case and invalidate a patent prior to allowing litigants the opportunity to present their positions on how the claims of a disputed patent should be construed. In layman’s terms, VoIP-Pal argues a judge can’t decide whether or not something is a duck based on whether it quacks without first determining what sounds constitute quacks.

The Rockridge attorneys in their supporting brief highlight the changing landscape in patent litigation since the Supreme Court’s decision in TC Heartland; argue that the Mayo/Alice cases particularly affecting biotech and software patents have created procedural inconsistencies across the country; and, emphasize that means-plus-function claims are particularly susceptible to improper adjudication at the pleadings stage. Further coverage of the petition can be found at IP Watchdog.

About Kevin Christopher & Jerry Canada

Kevin Christopher is a registered patent attorney and Venture Lead at Rockridge. Kevin’s practice areas include patent and trademark prosecution, licensing and litigation; corporate law, with an emphasis on benefit corporations, socially responsible businesses and high-growth emergent companies; government contracts, with an emphasis on innovation funding; corporate and investor financing; and, technology commercialization. Kevin is a SuperLawyer, member of Leadership Tennessee, and Top Business Leader according to Conscious Company Magazine.

Jerry Canada is Litigation Lead at Rockridge. Jerry’s practice areas include all manner of intellectual property and complex business litigation. Jerry has chaired trial teams in multiple billion-dollar life science litigation suits. He’s a black belt, national champion track coach, former All-American athlete, and graduate of Boalt Hall at UC Berkeley.

About Rockridge Venture Law®

Rockridge Venture Law®, or RVL®, was launched in 2017 to become the preeminent intellectual property and technology firm across the Appalachian Innovation Corridor. We now have offices in Chattanooga, Durham, and Nashville, and represent clients and interests globally. Our services include all aspects of intellectual property, litigation, M&A, privacy, technology transactions, and ventures.

In 2018 and 2019, we were recognized as B Corp Best for the World for our commitment to triple bottom line business practices. Our pioneering environmental and social impact programs attract top-notch legal talent and assure our clients of missional alignment with their corporate values.

Rockridge uniquely addresses two modern profit drivers: innovation (uptake and development), and corporate social responsibility. We’re Building Today’s Company for Tomorrow’s Economy® by leading clients through the dizzying array of information controls, by helping them to develop and monetize proprietary assets, and by enabling their impactful products, programs, and principles.

 

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