Twombly and Iqbal Do Not Require Disregard Of Allegations Based On “Information and Belief”

The court denied in part defendant's motion to dismiss for failure to state a claim based on plaintiff's use of the phrase, "information and belief." "Defendant mischaracterizes plaintiff’s burden to plead facts under [Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)] and [Ashcroft v. Iqbal, 556 U.S. 662 (2009)]. The mere fact that a plaintiff uses the language 'information and belief' does not make an allegation conclusory but, instead, the Court must consider the content of the allegation itself. . . . The Court will consider the substance of plaintiff’s allegations, rather than their form, in determining if plaintiff has stated a valid patent infringement claim, and the Court will not automatically disregard allegations based on 'information and belief.'”

ArCzar, LLC v. Navico, Inc., 4-11-cv-00805 (OKND August 2, 2012, Order) (Eagan, J.).