Judge Andrews Denies Motion to Dismiss Amended Complaint for Failure to State a Claim

August 24, 2018

Publication| Intellectual Property

In F2VS Technologies, LLC v. Ruckus Wireless, Inc., No. 17-756-RGA (D. Del. July 31, 2018), Judge Andrews denied the defendant’s motion to dismiss the plaintiff’s second amended complaint for failure to state a claim. The Court stated that it was “apparent” from Disc Disease Solutions Inc. v. VGH Solutions, Inc., 888 F.3d 1256 (Fed. Cir. 2018), and other decisions that the Federal Circuit requires little to state a claim for patent infringement. Because the second amended complaint here identified specific products alleged to infringe the patents attached to the pleading, the Court found that the allegations sufficed to state a claim for patent infringement.

Key Point: According to Judge Andrews, the level of detail required to state a claim for patent infringement does not vary with the number of independent claims in the asserted patents, the number of accused products, or the complexity of the technology at issue.

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