Wednesday, December 28, 2011

Failure to Allege Specific Facts or Statutory Provision Supporting Invalidity Renders Pleading Insufficient

Plaintiff's motion to dismiss defendant's invalidity counterclaims for failure to state a claim was granted. "[T]he plaintiff in [McZeal v. Sprint Nextel Corp., 501 F.3d 1354 (Fed. Cir. 2007)] described how the defendant infringed the patent, whereas [defendant] does not state any facts supporting why [plaintiff's] Asserted Patents are invalid. Second, unlike the plaintiff’s reliance on a specific statute in McZeal, [defendant] relies on all of the United States patent laws, 'including one or more of 35 U.S.C. §§ 101-103 and/or 112.' Taken together, unlike in McZeal, [defendant] does not allege that [plaintiff's] Asserted Patents are invalid for any specific reason or under any certain statutory provision."

Cleversafe, Inc. v. Amplidata, Inc
., 1-11-cv-04890 (ILND December 20, 2011, Order) (Kocoras, J.)

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