Patentees Still Face Low Bar For Alleging Infringement

Law360, New York (September 29, 2017, 1:22 PM EDT) -- In Lifetime Industries Inc. v. Trim-Lok Inc., No. 2017-1096, 2017 U.S. App. LEXIS 17257 (Fed. Cir. Sept. 7, 2017), the Federal Circuit reviewed a district court’s dismissal of a patent infringement suit under Rule 12(b)(6) for failing to adequately plead direct or indirect infringement. Applying the Iqbal/Twombly standard to the claims, the Federal Circuit reversed the dismissal, concluding that the allegations — largely based on one assembly of an infringing combination and the defendant’s knowledge of the patent — supported claims of both direct and indirect infringement. The decision shows that even without the benefit of form pleading, sufficiently alleging infringement under...

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