IP Blog
plausible claim for relief
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...