The court granted plaintiff's motion for judgment on the pleadings as to defendant's claim for willful infringement. "Merely providing notice that applications are pending is not sufficient because '[f]iling an application is no guarantee any patent will issue and a very substantial percentage of applications never result in patents.' While the Federal Circuit has affirmed the sufficiency of notice of a pending application, it did so only where it was established that the defendant 'knew exactly when [the] patent came into existence and indeed had several months advance notice.'. . . Here, there is no allegation whatsoever that [plaintiff] had any advance notice of the allowed claims or even that any claims would be allowed."
Sealant Systems International, Inc. v. TEK Global, S.R.L., 5-11-cv-00774 (CAND January 4, 2012, Order) (Grewal, M.J.)