Some Fed. Circ. Guidance On Patent Pleading Standard
By Stephanie Scruggs and Jessica Zurlo (May 4, 2018, 5:49 PM EDT) -- After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the Federal Circuit for relief. Fortunately for Disc Disease, in Disc Disease Solutions Inc. v. VGH Solutions Inc. et al., the Federal Circuit took a different view of the sufficiency of allegations in the complaint under Iqbal/Twombly and reversed the lower court's dismissal of Disc Disease's complaint. While the precedential opinion from the Federal Circuit is far from a complete guide to drafting a well-pled complaint under all scenarios, the reasoning provided by the court in its opinion may help to further inform patent owners as to what a sufficiently pled complaint should contain to survive a motion to dismiss under Federal Rules of Civil Procedure 12(b)(6) for "simple" technologies....
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