ArCzar, LLC v. Navico, Inc., 4-11-cv-00805 (OKND August 2, 2012, Order) (Eagan, J.).
Monday, August 6, 2012
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.'”