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 infring… Read More

Federal Circuit Reverses Failure to Impose Rule 11 Sanctions

The Federal Circuit has reversed a decision from the Eastern District of Texas not to impose Rule 11 sanctions where the plaintiff’s theory of patent infringement was objectively baseless.  Raylon, LLC v. Complus Data Innov… Read More

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&#… Read More

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. Backup… Read More

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. 1… Read More

No Joinder Under AIA Just Because Accused Smartphones All Use Android

Different manufacturers’ use of the Android operating system in their respective smartphones did not arise out of the “same transaction or occurrence” under the joinder provision of the America Invents Act, 35 U.S.C. §… Read More

Discovery Not Limited to Patent Infringement Contentions

Because the Eastern District of Texas does not limit the scope of discovery to the plaintiff’s infringement contentions, the court in DDR Holdings, LLC v. Hotels.com, No. 2:06-CV-42-JRG (E.D. Texas, July 18, 2012), granted t… Read More

Is a Patent Infringed by Activation of Software Abroad from a System in the U.S.?

In a discovery context, at least, one should assume that a U.S.-based system that activates software sold abroad can infringe a U.S. patent.  Prism Technologies v. Adobe Systems Inc., No. 8:10CV220 (D. Neb. July 17, 2012).  Pris… Read More

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 e… Read More

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,… Read More