Federal Circuit Affirms Patent Ineligibility Ruling Despite Dismissal for Improper Venue
The U.S. Court of Appeals for the Federal Circuit affirmed that district courts have the discretion to rule on substantive patent eligibility under 35 U.S.C. § 101 concurrently with a dismissal for improper venue under Rule 12(b)(3), promoting judicial economy and preventing piecemeal appeals.
WISECODE Take
The Federal Circuit's decision on August 28, 2026, shattered the procedural safe-harbor myth for patent plaintiffs. In AML IP, LLC v. Bath & Body Works (No. 2025-1280), the court affirmed that a district court has the discretion to rule a patent invalid under 35 U.S.C. § 101 even while dismissing the case for improper venue. This means procedural defenses will not shield weak patents from being invalidated. For companies with US patents, we suggest two actions: first, do not rely solely on venue defenses during litigation; second, ensure patent claims are tied to concrete hardware rather than abstract business methods during drafting.
Original sources
Compiled automatically by WISECODE IP Radar. Summaries are short source excerpts; commentary is AI-generated. See the source links for full text.
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