Success and Notoriety of Asserted Patents Does Not Show Defendant's Knowledge of Patents Sufficient to Plead Willfulness Claim​

The court granted defendant's motion to dismiss plaintiffs' willful infringement claims for failing to sufficiently allege knowledge. "Plaintiffs allege that Defendant must have known of Plaintiffs’ patents simply by virtue of operating a business in the same industry. The [operative complaint] states that [plaintiff] is 'among the most prominent innovative vaporizer companies in the United States and throughout the world[,]' and the 'inventions . . . in [plaintiff's] patents have been recognized by those in the industry as major milestones in the field.' Furthermore, Plaintiffs allege that Defendant 'is aware that [plaintiff] has established one of the most successful vaporizer companies in the world' and has 'sought to replicate [plaintiff's] success by infringing on [its] intellectual property.' Defendant asks the Court to make a logical leap. Simply because [a plaintiff] is successful and well-known in the industry and Defendant purchased Plaintiffs’ products for resale prior to the alleged infringement, does not mean that Defendant had knowledge of Plaintiffs’ patents, and it certainly does not necessarily follow that [defendant's] conduct is so egregious as to warrant increased damages."

Atmos Nation, LLC et al v. BnB Enterprise, LLC, 0-16-cv-62083 (FLSD August 21, 2017, Order) (Dimitrouleas, USDJ)