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Twombly/Iqbal Pleading Standard Patent Infringement Indirect Infringement

Akin Gump Strauss Hauer & Feld LLP

D. Mass.: Knowledge of Parent Patent, by Itself, May Not Suffice to Show Knowledge of Child Patent for Purposes of Indirect and...

In considering a motion to dismiss infringement claims for two related patents, the District of Massachusetts recently held that pre-suit knowledge of a “parent” patent, without more, is insufficient to establish pre-suit...more

Harris Beach Murtha PLLC

Patent Infringement Claims Simply Require Alleging Facts Stating a Plausible Claim

The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) addressed the pleading standards for direct infringement, doctrine of equivalents infringement, indirect infringement and willful infringement in...more

Proskauer - New England IP Blog

Rampage’s Patent Suit Inks a Partial Victory in Surviving Motion to Dismiss

Judge Allison Burroughs of the District of Massachusetts recently issued a decision that provides much-needed insight into pleading standards in patent cases. With the demise of Form 18 of the Federal Rules of Civil...more

McDermott Will & Emery

Direct Infringement Motion to Dismiss Under Form 18 Granted - Addiction and Detoxification Institute LLC v. Carpenter et al.

Addressing pleading requirements for direct and indirect infringement, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s determination that although pre-filing notice is not required to bring suit...more

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