IP Blog
notice pleading patent infringement
Patent Pleadings Standards and Divided Infringement
When a plaintiff accuses multiple defendants of cooperating to infringe a patent, a well-pled complaint must make clear which defendant controls an accused system, and how defendants cooperate to practice a claimed method. On this basis, where a plaintiff’s complaint alleged that multiple parties conspired to infringe US Patent Nos. 8,920,068 and 8,956,075, directed to systems and methods for making...
Defendant Controlled Information Not Required in Pleadings
Does the fact that relevant information is “arguably within [the defendant’s] sole possession” affect the plaintiff’s burden in pleading a claim for patent infringement? In Prowire, LLC v. Apple, Inc. , the United States District Court for the District of Delaware denied Apple’s motion to dismiss for failure to state a claim. Noting that defendant’s arguments focused on information “arguably...
Pleading Requirements for Standard-Based Patent Infringement
To “simply identify a technical standard without further explanation” is not sufficient to survive a motion to dismiss a complaint for patent infringement, says a magistrate judge in the Eastern District of Texas. Stragent, LLC v. BMW of North America, Civil Action Nos. 6:16-cv-446-448-RSW-KNM (E.D. Texas March 3, 2017). The court recommended dismissal of claims for both direct and induced...
Does Pleading Patent Infringement Require a Claim Chart?
Pleading patent infringement does not require a claim chart, says a court considering the requirements for pleading both direct and indirect infringement under FRCP 8 and Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). Crypto Research, LLC v. Assa Abloy, Inc., No. 16 Civ. 1718 (AMD) (RER) (E.D.N.Y. Feb 17, 2017). ...