Expert Declaration Opposing Section 101 Motion to Dismiss for Patent Invalidity Deemed Not a Written Instrument

A recent decision in Marble VOIP Partners LLC v. Zoom Video Communications, Inc. has raised questions about using expert declarations as a tactic to overcome Section 101 motions. Previously, plaintiffs could amend their complaint and attach an expert declaration to refute claims of patent invalidity under 35 U.S.C. § 101. However, this strategy is now being challenged.

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