Design Patent Infringement: Motion to Dismiss for Failure to State a Claim — Full Package
The complete Rule 12(b)(6) package for a Design Patent Infringement case: notice of motion, supporting memorandum, declaration with up to five exhibits, and proposed order, filed as one coordinated set.
A dismissal motion that is granted ends the case; one that is denied still teaches the plaintiff exactly what to fix, so we file only the arguments worth making. Briefed from the record and the controlling authority in your circuit, with the procedural posture handled as carefully as the merits.
Frequently asked questions
The fee covers the motion and supporting memorandum, the declaration and exhibit set the motion relies on, and a proposed order in the court's preferred form. It is fixed at this scope: motion, memorandum, declaration, proposed order, and up to 5 exhibits. 2 rounds of revisions are included. If your matter falls outside that scope we tell you before starting and quote the difference — we do not bill past a flat fee without agreeing it first.
3 to 5 weeks from a complete set of instructions, plus time for the 2 rounds of revisions included in the fee. If you are working to a court deadline or a closing date, tell us when you order and we will confirm in writing whether we can meet it before you commit.
$11,375 is $325/hour × 35 hours — the time this deliverable takes in an ordinary design patent infringement matter, at the firm's standard rate. Because it is a flat fee, the risk of the work running long sits with the firm: you pay $11,375 whether it takes us the estimate or twice it.
Third-party costs are never inside a flat fee and are passed through at cost, never marked up: court and agency filing fees, court reporter and transcript charges, expert witness fees, search vendor and e-discovery hosting charges, process server fees, and travel.
A short description of the dispute and where it currently stands, the key documents, contracts, and correspondence, the parties involved and any deadlines already running, and the case caption and court, if a matter has been filed. Send what you have — if something is missing we will tell you what else we need before the turnaround clock starts.
Clients also order
Other Design Patent Infringement work MC Law prepares on a flat fee.
Design Patent Infringement: Infringement Contentions and Claim Charts
Infringement contentions with element-by-element claim charts for a Design Patent Infringement case.
Design Patent Infringement: Damages Contentions and Royalty Theory Memorandum
A damages contentions filing and supporting theory memo for a Design Patent Infringement case, covering the royalty base, the apportionment analysis, and any lost profits theory.
Design Patent Infringement: Opposition to Preliminary Injunction
An opposition to preliminary injunctive relief in a Design Patent Infringement case, attacking the merits showing and, just as importantly, the claimed irreparable harm and the delay in seeking relief.
Design Patent Infringement: Temporary Restraining Order Application — Full Package
An emergency TRO application in a Design Patent Infringement case, assembled on a compressed timeline.