New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Motion to Dismiss

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First-Filed Rule Prompts Dismissal of Heated Products Case in Favor of Warmer Venue

In a recent order allowing a defendant’s motion to dismiss a case involving heated products and heat pack technology, Judge Sorokin clarified a specific application of the first-filed rule. In the case at hand, Schawbel Technologies LLC v. The Heat Factory USA, Inc., the plaintiff Schawbel alleged breach of an asset purchase agreement (Count I); alleged patent infringement … Continue Reading

Inventorship Claim in Disease Treatment Patent Dispute Survives Motion to Dismiss

Determining who qualifies as an inventor on a patent application requires careful attention to the facts surrounding each person’s contribution to conception of the invention, as embodied in the patent claims.  In one recent case out of Massachusetts, the court evaluated a complex set of circumstances to resolve an inventorship dispute involving a collaboration between … Continue Reading

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case.  In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to dismiss to escape from the reach of the District of Connecticut court.  The court found sufficient evidence to show that it had personal … Continue Reading

Complaint Sheltered From Dismissal In Patent Row Over Personal Tents

A recent opinion from Judge Shea in the District of Connecticut sheds important light on the sufficiency of pleadings in declaratory judgment patent cases.  Noting that declaratory judgment actions are of particular importance in the intellectual property sphere, Judge Shea denied a motion to dismiss a complaint – even though the complaint included patents issued after the action … Continue Reading

Judge Saris Opines on Copyright Infringement in 3-D Greeting Card Case

On February 22, Chief Judge Saris in the District of Massachusetts issued an opinion on a motion to dismiss implicating several complex copyright infringement issues.  The Chief Judge’s ruling analyzed whether several allegedly infringing works could be considered “substantially similar” to the copyrighted works, as required to support a claim of copyright infringement.  The “substantial similarity” analysis produced different results … Continue Reading

Court Extinguishes Parties’ Motions to Strike in LED Patent Dispute

Although motions to strike are generally difficult to win, when successful they can significantly dim the opposing party’s prospects for victory on particular claims or defenses.  In one recent patent infringement action out of Massachusetts, each party moved to strike certain elements of the other side’s pleadings–but the Court quickly snuffed out the dueling motions.… Continue Reading

“Ruff” Start for Defendant in Pet Ramp Patent Dispute

Judge Saylor of the United States District Court for the District of Massachusetts recently narrowed the counterclaims and affirmative defenses available to a defendant in a consumer products dispute. The decision highlights not only the importance of pleading sufficient facts to meet the applicable standard, but also the potential effect of a parties’ representations when … Continue Reading

Massachusetts Court Decides to Transfer Case in View of TC Heartland Venue Standard

Less than two months ago, the Supreme Court handed down its decision in TC Heartland v. Kraft Food Group Brands LLC—which significantly changed the way that venue in patent infringement cases would be determined.  Under TC Heartland, infringement actions can only be filed where the defendant is incorporated, or where the defendant has committed acts of … Continue Reading

Planned Motion to Dismiss Insufficient to Extend Rule 26(f) Deadlines

In an ongoing patent infringement case involving patents for floor-mounted electrical outlet housings, a federal court in Connecticut recently denied a Joint Motion for a Discovery Dispute Conference, signaling the court’s hesitation to delay the initiation of discovery pursuant to Rule 26(f) merely because a defendant represents that it intends to move to dismiss a … Continue Reading

Judge Young Addresses Possibility Versus Plausibility in Patent Pleadings

Judge Young granted a plaintiff leave to file an amended complaint that satisfactorily pushed its claim from merely possible to plausible, in a recent opinion from the District of Massachusetts. The analysis is instructive to prospective plaintiffs as to the threshold showing of use that must be made to sufficiently support a patent infringement claim. In the original complaint, the … Continue Reading

Rampage’s Patent Suit Inks a Partial Victory in Surviving Motion to Dismiss

Judge Allison Burroughs of the District of Massachusetts recently issued a decision that provides much-needed insight into pleading standards in patent cases. With the demise of Form 18 of the Federal Rules of Civil Procedure, litigants have been faced with a number of questions concerning the level of detail a plaintiff needs to include in a … Continue Reading

Court Throws Out Back Massager Trade Dress Infringement Claims on Motion to Dismiss

As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the District of Connecticut recently felt this pain, as its complaint was dismissed under Rule 12(b)(6) for failing … Continue Reading
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