Motion to dismiss
What It Is
If the patent's invalidity can be shown using undisputed facts, this motion asks the court to rule on invalidity without a trial
When to Use
When the invalidity evidence (e.g., prior art, clear lack of enablement) is exceptionally strong and straightforward.
Advantages
Motion to dismiss - Resolves the issue efficiently without going to trial
Drawback
May be denied if the court deems the case too complex for summary judgment Invalidates the patent, eliminating the risk of future enforcement against others.
