Wednesday, February 22, 2017

Willful Infringement Claim Does Not Require Allegation of Egregious Conduct​

The court denied defendant's motion to dismiss plaintiff's willful infringement claim for failure to state a claim. "Willful infringement requires that the plaintiff plead that the defendants were 'aware of the asserted patent but acted despite an objectively high likelihood that [their] actions constituted infringement of a valid patent.' The complaint adequately alleges that the defendants committed acts of infringement with full knowledge of the plaintiff’s rights in its patents. That is sufficient."

Crypto Research, LLC v. Assa Abloy, Inc. et al, 2-16-cv-01718 (NYED February 17, 2017, Order) (Donnelly, USDJ)

No comments: