Surviving a 12(b)(6) Motion to Dismiss and Making False Advertisements

Please join us Monday, October 21, 2024, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit in Alexsam, Inc. v. Aetna, Inc., No. 22-2036 (Fed. Cir. 2024) where the court found in favor of Alexsam having adopted a de novo standard of review of a trial court’s decision that a complaint is factual or legal, well-pled or conclusory as opposed to a deferential standard of review, and Crocs, Inc. v. Effervescent, Inc., No. 22-2160 (Fed. Cir. 2024) where the court found in favor of the appellant reversing a district court’s summary judgment motion finding sufficient false advertisement allegations under the Lanham Act.

Jonathan Gutierrez, law clerk at SoCal IP, will lead the discussion.