Failure to plead knowledge of allegedly infringed patent leads to dismissal
Minkus Electronic Display Systems Inc. v. Adaptive Micro Systems LLC, et al., Civ. No. 10-666-SLR, March 16, 2011.
Robinson, J. Defendants’ motions to dismiss for failure to state a claim are granted.
This patent case was filed against 50 parties. The disputed patent concerns an electronic display system. It is not necessary at the pleading stage for plaintiff to identify a third party who directly infringes in order to state a claim for indirect infringement, such being a proper question for discovery. However, plaintiff failed to allege defendants had actual notice of the patent at the time of the alleged infringement. Plaintiff’s statement that defendants had actual notice of infringement of the patent before the filing of the complaint is insufficient.
