Monday, April 2, 2012

Pleading Alleging Infringement by "Network Communications Systems" Was Too Vague to State a Claim for Patent Infringement

The court granted defendants' motion to dismiss plaintiff's infringement action for failure to state a claim. "While [plaintiff] alleges infringement by Defendants’ 'network communications systems,' this is an extremely vague identification. . . . [Plaintiff] fails to identify what aspect of the systems are infringing and whether specific components of Defendants’ systems are allegedly infringing. Merely identifying the entire system and directing the Court and the Defendants to the claims of the [patent-in-suit] to determine what aspect of the system infringes is not enough. Additionally, the identification is not specific to either Defendant."

Fenner Investments, Ltd. v. Cellco Partnership d/b/a Verizon Wireless, et. al., 6-11-cv-00348 (TXED March 27, 2012, Order) (Davis, J.)

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