Court Denies Thermigen’s Motion to Dismiss

April 24, 2017 – The Court denied Defendants Thermigen, LLC, ThermiAesthetics, LLC, and Dr. Red Alinsod, M.D.’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and 35 U.S.C. § 101.  After applying the Mayo two-step framework, the Court found that the asserted claims of Plaintiff Viveve, Inc.’s patent are not directed to a natural law or phenomenon, and that they further recite an inventive concept rendering them patent eligible.  The patent-at-issue is U.S. Patent No. 8,961,511, titled “Vaginal Remodeling Device and Methods.”  The case is 2:16-cv-1189 in the United States District Court for the Eastern District of Texas.

By: Katherine E. Adams

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