The Case of Skillz Platform, Inc. v. AviaGames Inc.

By Katelyn Schuh, GW Law 2L On April 5, 2021, AviaGames Inc. filed a motion to dismiss Skillz Platform Inc.’s initial complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for patent infringement based on a lack of patent eligible subject matter under 35 U.S.C. §101 for two asserted patents. A motion to dismiss for failure to state a claim upon which relief can be granted “tests the legal sufficiency of a claim.” The two patents at issue are U.S Paten