Friday, November 30, 2012

Infringement Contentions No Substitute for Insufficient Complaint

The court granted defendant's motion to dismiss plaintiff's induced and contributory infringement claims for failure to state a claim. "[Plaintiff] argues that dismissal is not warranted because its infringement contentions identify the direct infringement and describe the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. [Plaintiff], however, does not cite any authority supporting the proposition that the Court may consider its infringement contentions, which are not set forth in the FAC, in deciding whether it has pled cognizable claims for relief. . . . [Plaintiff] has failed to allege any facts plausibly showing that [defendant] knowingly induced any third party to engage in direct infringement of the [patent-in-suit] with the specific intent of encouraging the infringement. . . . Nor has [plaintiff] alleged that the component of the accused. . . products that practices the patented method has no substantial non-infringing uses, or that the component constitutes a material part of the invention."

Emblaze Ltd. v. Apple Inc., 4-11-cv-01079 (CAND November 27, 2012, Order) (Armstrong, J.).

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