CG Technology Development, LLC et al v. Zynga, Inc., 2-16-cv-00859 (NVD February 17, 2017, Order) (Jones, USDJ)
Wednesday, February 22, 2017
Willful Infringement Claim Requires Allegation of Egregious Conduct
The court granted defendant's motion to dismiss plaintiffs' willful patent infringement claims for failure to state a claim. "Plaintiffs have failed to state a claim for willful infringement because they have failed to allege any facts suggesting that Defendant’s conduct is 'egregious . . . beyond typical infringement.' Plaintiffs have simply made the conclusory allegations that Defendant was aware of the [patent-in-suit] and that the 'continued offer, use, and promotion of its infringing social casino products . . . constitutes willful and egregious infringement behavior.'. . . [M]erely asserting that Defendant knew about the patent and continued its allegedly infringing activity is not enough to constitute willful infringement."