Wednesday, September 5, 2012

Alleging Infringement by “At Least” Certain Products was “Deliberately Vague” and Failed to State a Claim of Infringement

The court granted defendants' motion to dismiss plaintiff's direct infringement claims for failure to state a claim. "[I]t is far from obvious from the Complaint that [two products] are the sole products at issue, given [plaintiff's] continued use of the ‘at least' qualifier before every mention of one of the two specific products. It is also unclear from the Complaint that [plaintiff] gave the Defendants any notice of infringement; to the contrary, the Complaint asserts that infringement has been occurring since 'at least as of the date of filing' of this Complaint. Such deliberately vague language provides absolutely no context for the Defendants and cannot constitute notice to the Defendants of the conduct they are alleged to have committed."

Radiation Stabilization Solutions LLC v. Varian Medical Systems, Inc., et. al., 1-11-cv-07701 (ILND August 28, 2012, Order) (Kendall, J.).

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