IP Blog
patent infringement pleading standards
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...
Must Willful Infringement Pleading Allege Egregious Acts?
Much of a plaintiff’s complaint adequately plead patent infringement, but a portion of the complaint alleging willful infringement was dismissed where the plaintiffs “failed to allege any facts suggesting that Defendant’s conduct is ‘egregious . . . beyond typical infringement.’” CG Technology Development, LLC v. Zynga, Inc., 2:16-cv-00859-RCJ-VCF (D. Nev. Feb 17, 2017). The court’s decision relied heavily on the...
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). ...
Conclusory Pleadings Insufficient to Support Indirect Patent Infringement Claims
While the Federal Circuit has held that adherence to Form 18 of the Federal Rules of Civil Procedure is sufficient to support a claim of direct patent infringement, courts have not uniformly addressed the requirements for pleading indirect infringement, i.e., contributory infringement and infringement by inducement. In one recent example, the court held that a plaintiff’s conclusory statements concerning contributory...