Tuesday, March 2, 2010

Complaint Alleging Infringement by "Laundry List of Electronic Devices" Failed to State a Claim

Defendant's motion to dismiss plaintiff's claim of direct infringement for failure to state a claim was granted. "Nowhere in the Amended Complaint does Plaintiff identify, with the requisite level of factual detail, the particular product or line of products, that allegedly infringe the [patent-in-suit]. Instead, Plaintiff merely claims that the infringing 'products include, without limitation, cell phones, computers, [etc.], and other products where high performance, high speed analog circuits are used, and/or components thereof.' Plaintiff has done nothing more than recite a laundry list of electronic devices. These cursory allegations are insufficient to give the Defendant fair notice of the claims being alleged against it."

Bender v. Motorola, Inc., 4-09-cv-01245 (CAND February 26, 2010, Order) (Armstrong, J.)

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