Ashcroft and Twombly Do Not Require That Complaint Allege "How" Accused Products Infringe

Defendant's motion to dismiss for failure to state a claim was denied. "[Defendant] seeks to have [plaintiff], in its Amended Complaint, specifically describe how its products practice the claimed methods or systems. This is not the proper pleading standard even after [Ashcroft v. Iqbal 129 S.Ct. 1937 (2009)] and [Bell Atl. Corp. v. Twombly, 127 S.Ct. 1955 (2007)]. The Federal Circuit has found that a complaint contains enough detail when it 'alleges ownership of the asserted patent, names each individual defendant, cites the patent that is allegedly infringed, describes the means by which the defendants allegedly infringe, and points to the specific sections of the patent law invoked.'"

WIAV Networks, LLC v. 3Com Corp. et al., 5-09-cv-00101 (TXED December 15, 2009, Order) (Folsom, J.)