Atlas IP, LLC v. Commonwealth Edison Co., No. 16-2203 (Fed. Cir. May 9, 2017)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Atlas IP, LLC (“Atlas”) filed su it in the United States District Court for the Northern District of Illinois alleging that Exelon Corporation (“Exelon”) and Commonwealth Edison Company (“ComEd”) infringed U.S. Patent No. 5,371,734. The district court dismissed the complaint as to Exelon with prejudice. Atlas subsequently amended the complaint twice as to ComEd. ComEd moved to dismiss the second amended complaint for failure to state a claim upon which relief can be granted.