Tuesday, November 17, 2009

Complaint Alleging Sale of Infringing "Goods" Fails to State a Claim of Patent Infringement

Defendants' motion to dismiss for failure to state a claim was granted. "Plaintiff alleges that 'defendants were selling goods that infringe upon Plaintiff’s . . . patent.'. . . [T]hese allegations are all too conclusory to support a claim under [Bell Atlantic Corp. v. Twombly, 550 U.S. 554, 555 (2007)] and [Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (May 18, 2009)]. And while Plaintiff attaches a sales receipt to the Complaint and argues that the receipt 'show[s] the goods that are the subject of an infringing transaction,' the Complaint 'does nothing to establish that the referenced transaction has anything whatsoever to do with patent infringement.'"

Li Ming Tseng v. Marukai Corporation USA et al., 8-09-cv-00968
(CACD November 13, 2009, Order) (Guilford, J.)

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