Law360, New York ( June 16, 2014, 10:17 AM EDT) -- Not long ago, seeing a court invalidate a patent before claim construction or summary judgment was a defendant's pipe dream. No matter how strong the invalidity argument, it is well established that "every issued patent is presumed to have been issued properly, absent clear and convincing evidence to the contrary." Ultramerical Inc. v. Hulu LLC, 722 F.3d 1335, 1338 (Fed. Cir. 2013). Until recently, this has meant that establishing invalidity via a 12(b)(6) or 12(c) motion has been nearly impossible. However, it appears that district courts increasingly view the U.S. Supreme Court's decision in Bilski v. Kappos, 130 S. Ct. 3218, as license to more aggressively evaluate the validity of patent claims in the context of early dispositive motions based on failure to claim patentable subject matter....