Pleading Patent Infringement: Claim Chart Required (Redux)?

For a plaintiff to state a cause of action for patent infringement, some courts hold that  general allegations – without an infringement claim chart – suffice.  Here are two examples of courts joining other courts at the oth… Read More

Common Interest Privilege Covers Non-Attorneys in Patent Case

The District of Massachusetts held that the common-interest exception to third-party privilege waiver protected communications disclosed to a licensee and non-attorney expert. Crane Security Technologies, Inc. v.  Rolling Optics… Read More

Alice Changed Law, No Issue Preclusion on Patent-Eligibility

Where a patent had survived a challenge under 35 U.S.C. § 101 in prior litigation between the parties, issue preclusion did not prevent a court from revisiting the question, and invalidating the patent claims, because, the court… Read More

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 Broadcast… Read More

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,… Read More

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.… Read More

Specific Personal Jurisdiction from NPE Enforcement Effort

Many people think that efforts to enforce a patent in a particular forum, without more, cannot give rise to personal jurisdiction over the patent owner in that forum.  If you so thought, you thought wrong.  In Xilinx, Inc., v. P… Read More

Website Doesn’t Create Personal Jurisdiction in Patent Case

An Ohio court has transferred a patent case to the Eastern District of Washington after finding that the defendant’s website was insufficient to create specific personal jurisdiction.  Zen Indus., Inc. v. Hoffman Mfg., Inc., No… Read More

Pleading Patent Infringement Remains a Low Bar

Here is a small reminder that, even after the demise of Form 18 of the Federal Rules of Civil Procedure, pleading requirements for patent infringement are still loose enough for plaintiffs to embark on discovery fishing expedition… Read More

Another Reason Why Ex Parte Reexaminations May Not Be the Best Way to Challenge Patent Claims

Despite the defendant’s diligence in seeking an ex parte re-examination of the patent-in-suit by the USPTO shortly after being sued, a district court has denied the defendant’s motion for a stay.  Pro-Troll, Inc., v. Shortbus… Read More

Upcoming Webinar

The August webinar will feature a special guest, Stephen Dargitz, of Manion, Gaynor and Manning.  Stephen is a trial lawyer based in Wilmington Delaware, who with Thomas Bejin will discuss the impact of TC Heartland v. Kraft Foods along with partic…Register

Subscribe