Judge Richard G. Andrews recently granted defendants’ motion to dismiss plaintiff’s complaint alleging that defendants’ “product or service implementing Hadoop Distributed File System” infringed plaintiff’s patents-in-suit. Parallel Iron LLC v. Accenture Inc., C.A. No. 12-917-RGA (D. Del. Nov. 9, 2012). Judge Andrews noted that while “[i]t is true that extremely minimal allegations . . . are all that are required to satisfy Form 18 and to state a claim of direct infringement[,]” plaintiff’s complaint could not “possibly be a sufficient description inasmuch as it identifies no product or service that [defendant] sells, uses, etc.” Id. at 1-2. Therefore, Judge Andrews dismissed plaintiff’s complaint without prejudice. Click here for a recent discussion of trends in the District of Delaware regarding the sufficiency of pleadings alleging indirect and direct patent infringement.
Parallel Iron LLC v. Accenture Inc., C.A. No. 12-917 (D. Del. Nov. 9, 2012)[scribd id=113837251 key=key-2ow3h8gt8l3bn0c5bgci]