Tag Archives | patent infringement

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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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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Preliminary Injunction for Apple in Patent Fight Against Samsung?

In the ongoing smartphone/tablet patent litigation between Apple and Samsung, the Federal Circuit has agreed with Samsung on almost every dispositive issue related to Apple’s request for preliminary injunctive relief, but “almost” may not be enough to save Samsung from a preliminary injunction concerning at least one product.  Apple, Inc. v. Samsung Electronics Co. Ltd., […]

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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: Summary Judgment Fails Under the Doctrine of Equivalents

When is a patent infringement defendant entitled to summary judgment of non-infringement under the doctrine of equivalents?  That question was addressed in CSB-Systems International, Inc. v. SAP America, Inc., No. 10-2156 (E.D. Pa. April 16, 2012), where the court granted summary judgment of no literal infringement, but denied the defendant summary judgment of non-infringement under […]

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Notice Pleading Contributory and Induced Patent Infringement

Bare bones allegations that a defendant knew of a patent, and intended others’ infringement, were not enough to sustain allegations that the defendant indirectly, i.e., contributorily and by inducement, infringed the patent.  DR Systems, Inc. v. Avreo, Inc., No. 11-CV-0932 (S.D. Cal. March 29, 2012). The plaintiff’s complaint simply alleged that the defendant knew of […]

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Sanctions Denied Where Patent Plaintiff’s Theory of Infringement Was (Barely) Colorable

A plaintiff whose theory of patent infringement depended on reading the word “at” to mean “associated with” was not subject to sanctions for bringing suit, even though the court found “unconvincing” the “plaintiff’s advocacy of this unusual interpretation.”  NorthMobileTech LLC v. Simon Property Group, Inc., No. 11-cv-287 (W.D. Wisc. March 27, 2012). The claims of […]

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