Archive | Notice Pleading Patent Infringement

Patent Infringement Pleading Standards: Recent Cases Yield More Confusion (and Perhaps a Little Clarity)

Three recent cases from various U.S. district courts illustrate the need for a higher court to clarify the pleading standard governing claims of patent infringement.  As previous posts to this blog have noted, trial courts have suffered from some confusion concerning the level of detail concerning alleged infringement that must be provided in a complaint.  […]

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Patent Infringement Notice Pleading Standard Not Met

If every court adopted a bar for bringing a software or Internet patent infringement action that was as high as the standard followed by the court in Pagemelding, Inc. v. ESPN, Inc., No. C-11-06263 (N.D. Cal. April 30, 2012), patent plaintiffs’ lives would certainly be more difficult.  There, the court denied the plaintiff’s motion to […]

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Patent Infringement Notice Pleading: A Lesson from Contrasting Cases?

Two recent cases provide a contrast that may illustrate minimum notice pleading requirements for patent infringement plaintiffs.  In j2 Global Communications, Inc. v. Vitelity Communications, LLC, No. CV 11-07904 (C.D. Cal. April 12, 2012), the court held that the plaintiff had adequately described the accused products, and denied a motion to dismiss.  In contrast, the […]

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Notice Pleading Patent Infringement Requires Some Specificity

Even after bringing suit against 33 parties just before the America Invents Act’s prohibition on joining unrelated defendants took effect, the notice pleading requirements of the Federal Rules of Civil Procedure still required that a plaintiff identify specific ways in which infringement was alleged to take place.  Select Retrieval, LLC v. American Apparel, LLC, No. 11cv2158 […]

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Meeting the Notice Pleading Standard for Patent Infringement

The court in Gradient Enterprises, Inc. v. Skype Technologies S.A, No. 10-CV-6712L (W.D.N.Y. March 13, 2012), addressed the confusion concerning pleading standards in patent infringement actions following the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, as well as the Federal Circuit’s McZeal v. Sprint Nextel Corp. decision.  In dismissing […]

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