Archive | Rule 11

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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Patent Plaintiff Sanctioned Under Rule 11

The Northern District of Illinois has sanctioned a patent plaintiff that refused to withdraw a complaint of patent infringement, and did not perform an investigation, even after the defendant gave clear notice that its business method was different than the claimed business method. Smart Options, LLC v. Jump Rope, Inc., No. 12 C 2498 (N.D. […]

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