Friday, December 21, 2018

CAFC deems factual assertions of declaration to be conclusory legal assertions in Glasswall case

A declaration does no good:

Glasswall cannot render its
complaint immune from dismissal by merely asserting
that its methods are “novel” and “improve the technology
used in electronic communications.” Dr. Leopold’s declaration
of the alleged advantages in the claimed invention
also does not preclude dismissal on the pleadings. The
alleged “factual” assertions that Glasswall points to as
creating genuine issues of material fact are not factual in
nature, but conclusory legal assertions which the district
court was “not bound to accept as true.” See Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting
Papasan v. Allain, 478 U.S. 265, 286 (1986)).


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