Paul Allen's patent infringement
complaint against the world and its dog has been dismissed.
The court agreed with Google et al that it "lacks adequate factual detail to satisfy the dictates of
Twombly and
Iqbal" and also "fails to provide sufficient factual detail as suggested by Form 18". The court doesn't agree with Allen's Interval Licensing that the two cases do not apply to patent complaints, but it doesn't even need to go there: "The Court does not find it necessary to determine whether Form 18 is no longer adequate under
Twombly and
Iqbal because Plaintiff's complaint fails to satisfy either the Supreme Court's interpretation of Rule 8 or Form 18."
Go Google. That was their argument in their
motion to dismiss, along
with AOL's. Google
said the complaint was too vague to meet the standard under
Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) and
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). Then, after Interval Licensing
brought up the lower patent form standard it thought should apply instead, AOL jumped in saying the complaint was too vague under even that standard, and the court agreed. I'm happily surprised.
Allen can refile an amended complaint with more details by no later than December 28th. But if it chooses to do so, it must be specific:
Plaintiff's complaint does not satisfy Rule 8 or Form 18 because Plaintiff has failed to identify the infringing products or devices with any specificity. The Court and Defendants are left to guess what devices infringe on the four patents. ... These allegations are insufficient to put Defendants on "notice as to what [they] must defend." McZeal, 501 F.3d at 1357...
Merry Troll Christmas, legal eagles.
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