Friday, September 2, 2011

To Satisfy Twombly and Iqbal, Infringement Pleading Must Do More Than Identify Accused Product

Defendant's motion to dismiss plaintiff's infringement action for failure to state a claim was granted. "[Plaintiff's allegation of direct infringement] contains nothing more than a '[t]hreadbare recital[] of the elements of' direct patent infringement. The Court need not accept these as true. Once these conclusory recitals are removed from consideration, the complaint is devoid of any factual allegation to support a plausible claim for relief. Plaintiff fails to include any facts identifying what aspect of the [accused system] infringes its patents. Merely naming a product and providing a conclusory statement that it infringes a patent is insufficient to meet the 'plausibility' standard set forth in [Bell Atlantic v. Twombly, 550 U.S. 544 (2007)] and [Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009)]."

Medsquire LLC v. Spring Medical Systems Inc., et. al., 2-11-cv-04504 (CACD August 31, 2011, Order) (Nguyen, J.)

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