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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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Pleading Indirect and Willful Patent Infringement Requires Specific Allegations

Claims for induced, contributory, and willful patent infringement were dismissed (without prejudice) because the plaintiff failed to allege facts sufficient to support its claims.  Unisone Strategic IP, Inc. v. Life Techs. Corp., No. 3:13-cv-1278-GPC-JMA (S.D. Cal. Oct. 22, 2013).  The plaintiff had alleged infringement of U.S. Patent No. 6,996,538, directed to “[a] system and method […]

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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 […]

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Form 18 Trumps Iqbal and Twombley, Says Fed. Cir.

Form 18 of the Federal Rules of Civil Procedure is the definitive authority concerning whether a plaintiff has adequately plead a claim of patent infringement. K-Tech Telecommunications, Inc. v. Time-Warner Cable, Inc., Nos. 2012-1425 and 2012-1446 (Fed. Cir. April 18, 2013). If Form 18 conflicts with Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) […]

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Patent Complaint Satisfying Form 18 (Reluctantly) Allowed

Although denying a motion to dismiss a complaint of direct patent infringement, a Massachusetts District Court has pointedly stated that “[i]t is difficult to reconcile the simplistic approach for asserting a patent infringement claim contemplated by Rule 84 and Form 18 [of the Federal Rules of Civil Procedure] with the pleading standards announced in [Ashcroft v. Iqbal, […]

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When Must Joint Patent Infringement Be Plead?

After Yahoo argued that the plaintiff should be required to meet the standard for pleading divided, or joint, patent infringement, a Delaware magistrate judge has recommended denying Yahoo’s motion to dismiss the plaintiff’s complaint for direct patent infringement. Pragmatus AV, LLC v. Yahoo! Inc., No. 11-902-LPS-CJB (D. Del. Nov. 13, 2012). The court believed that […]

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Patent Complaint Fails Form 18 Pleading Standard

Two different district judges have dismissed the same patent plaintiff’s complaint (with leave to amend) where the complaint failed to identify accused products or link them to patent claims. PB&J Software, LLC v. BackupAgent B.V., No. 4:12CV691 CDP (E.D. Mo. Oct. 15, 2012). The court first explained that, as the Federal Circuit set forth in […]

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What is the Pleading Standard for Invalidity Counterclaims?

Bare-bones counterclaims alleging invalidity of patents-in-suit were held sufficient to survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6) and 8(a).  Helferich Patent Licensing, LLC v. J.C. Penney Corporation, Inc., No. 11 CV 9143 (N.D. Ill. Aug. 28, 2012).  J.C. Penney had pled six nearly identical invalidity counterclaims.  Helferich, the plaintiff, “argue[d] J.C. […]

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Fed. Cir. Impact on Patent Pleading Requirements Continues

Following the recent Federal Circuit decision in In re Bill of Lading Transmission and Processing System Patent Litigation, at least one district court has already demonstrated that patent plaintiffs will most definitely have an easier time pleading patent infringement.  Now a Delaware court, ruling on complaints in eight cases brought by the same plaintiff, has […]

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Amended Patent Infringement Complaint Allowed After Federal Circuit Decision

An amended complaint for patent infringement has been allowed under the standard recently set forth by the Federal Circuit in In re Bill of Lading Transmission & Processing Sys. Patent Litig., No. 2010-1493 (Fed. Cir. June 7, 2012).  Under the Federal Circuit’s recent holding, the court had a relatively easy decision in Pagemelding, Inc. v. […]

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