Friday, August 31, 2012

Conclusory Allegations Insufficient to Plead Invalidity Counterclaim

The court granted plaintiff's motion to dismiss defendant's invalidity counterclaim for failure to state a claim. "I must apply the general guidance from [Ashcroft v. Iqbal, 556 U.S. 662 (2009)] and [Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)] when evaluating defendant’s counterclaim for invalidity. Defendant’s claim of invalidity provides no allegations that would suggest why plaintiff’s patent may be unenforceable. Instead, defendant relies on the bare assertion that the claims are unenforceable for one or more unspecified reasons. As I have explained in a previous case, such conclusory assertions do not satisfy Rule 8 or the standards set forth in Twombly and Iqbal."

Wisconsin Technology Venture Group, LLC v. FatWallet, Inc., 3-12-cv-00326 (WIWD August 29, 2012, Order) (Crabb, J.).

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