Judge Andrews grants motions to dismiss claims of indirect infringement and willfulness
In IPVenture Inc. v. Lenovo Group Limited, et al., C.A. No. 11-588-RGA (D. Del. June 29, 2012), Judge Andrews recently dismissed plaintiff's claims of indirect infringement and willfulness. Citing the Federal Circuit's recent decision in In re Bill of Lading (write up on this opinion by Dennis Crouch at Patently-O), Judge Andrews found that plaintiff's "minimal allegations" of direct infringement were all that was required to satisfy Form 18. Id. at 3. Plaintiff's indirect infringement allegations, however, did not pass muster. For example, "there [was] no allegation that defendant knew about the existence of the '599 patent"; and there was no factual support to infer that defendant knew any induced acts constituted patent infringement. Id. Regarding willfulness, although general allegations may suffice, plaintiff pled no facts describing events occurring after the patent issued. Id. at 3-4. "At most, the factual allegations plausibly support the conclusion that both the Plaintiff and Dell had patents in the thermal power and management field[.]" Id. at 4. For similar reasons, Judge Andrews dismissed plaintiff's claims of indirect infringement and willfulness for most of the remaining defendants.