Dismissing Indirect Infringement Claims

Law360, New York (September 26, 2011, 12:33 PM EDT) -- Several recent decisions in district courts across the country have held patent holders to a heightened pleading standard for claiming indirect patent infringement. These decisions provide accused infringers with additional ammunition to seek dismissal of patent complaints.

Relying on the U.S. Supreme Court’s decisions in Twombly, Iqbal[1] and Global-Tech,[2] many courts have granted dismissals pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim when the patentee fails to properly plead substantive allegations of indirect infringement.

Indirect infringement allegations, whether for contributory...
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