By Memorandum Opinion entered by The Honorable Richard G. Andrews in Rondevoo Technologies, LLC v. Aernos, Inc., Civil Action No. 19-680-RGA (D.Del. March 24, 2020), the Court granted Defendant’s Rule 12(b)(6) motion to dismiss for failure to state a claim on the basis that plaintiff’s complaint failed to state a claim because the asserted claims of the patents-in-suit are ineligible for patent protection under 35 U.S.C. § 101. Specifically, the Court found that the asserted claims of U.S. Patent Numbers 9,453,814 (“the ‘814 patent”) and 9,927,391 (“the ‘391 patent”) are (1) directed to the unpatentable abstract idea of sensing, and (2) the claims do not contain an inventive concept sufficient to transform the claimed abstract idea into a patent eligible application of an abstract idea. Id. at *3-12. The Court also found that plaintiff could not amend its complaint to state a claim upon which relief could be granted under the circumstances. Id. at*13.
A copy of the Memorandum Opinion is attached.