12(b)(6) Motions: Another Arrow In Patentee’s Quiver

Law360, New York (September 21, 2012, 1:32 PM EDT) -- A frequently employed tool in patent litigation is a motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim of infringement. These types of motions, often based on an argument that a plaintiff’s bare-bones allegations of both direct and indirect infringement fail to meet the pleading standards articulated in the U.S. Supreme Court’s Twombly and Iqbal decisions, have gained popularity in recent years. Anecdotally, it seems that they are most often used in response to complaints filed against...
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