Archive | Notice Pleading Patent Infringement

Unsupportable Claim Construction Warrants 12(b)(6) Dismissal

Where the plaintiff could only rely on a construction of a patent claim term that was implausible, a magistrate judge recommended dismissal of the plaintiff’s complaint under FRCP 12(b)(6).  Bartonfalls, LLC v. Turner Broadcasting Systems, Inc., Case No. 2:16-cv-1127-JRG-RSP (E.D. Texas, March 15, 2017).  Claims of U.S. Patent Nos. 7,917,922 and 8,769,561 recited a “TV […]

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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 […]

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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) […]

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Complaint Dismissed Two Uncharted Patent Claims Under Iqbal/Twombley Notice Pleading Standard

For those paying attention to the evolving law of notice pleading patent infringement, a Florida court confirmed that patent plaintiffs face a raised bar under Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007)). The plaintiff, who provided a claim chart alleging a theory that one patent […]

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Some Complaints for Patent Infringement Easily Fail Under Iqbal and Twombley

Here is an example of how the abnegation of Form 18 of the Federal Rules of Civil Procedure is changing patent litigation.  In Mike Murphy’s Enters. v. Fineline Indus., LLC, No. 1:16-cv-784-LJO-SAB (E.D. Cal. Aug. 4 2016), the court granted a Rule12(b)(6) motion and dismissed the plaintiff’s complaint alleging infringement of United States Patent No. […]

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Divided Infringement Results in Judgment on Pleadings on Induced Infringement

Finding that a complaint failed to sufficiently allege that the defendant exercised direction or control over all asserted steps of a method patent claim, a court has dismissed a complaint alleging induced infringement under FRCP 12(c). Robert Mankes v. Vivid Seats, Limited, No. 5:13-CV-717-FL, 2015 U.S. Dist. LEXIS 24327 (E.D.N.C. Feb 26, 2015). Based on […]

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Failure to Meet Indirect Patent Infringement Pleading Standard (and Possible Rule 11 Question)

Judge Gilstrap in the Eastern District of Texas has granted defendants’ motion to dismiss a complaint of indirect patent infringement where the plaintiff failed to meet the applicable pleading standards.  Babbage Holdings, LLC v. Activision Blizzard, Inc., No. 2:13-CV-750 (E.D. Tex. May 15, 2014 (and seven related cases).  Further, because Babbage’s original, first amended, and […]

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Knowledge Not Enough for Induced Patent Infringement

A retailer’s Rule 12(b)(6) motion to dismiss a claim of induced patent infringement has been granted where the only allegation of intent to induce infringement rested on the retailer’s alleged knowledge that the product’s user manual instructed customers to perform infringing acts.  Tierra Intelectual Borinquen, Inc. v. ASUS Computer Int’l, Inc., No. 2:13-CV-38-JRG (E.D. Texas […]

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