Use of Cost Impact Methodology in Calculating Damages Still Requires Apportionment of the Value of the Patented Feature

The Northern District of Illinois recently dismissed a complaint without prejudice for failing to plausibly allege patent infringement. The court found that the allegations of direct infringement were insufficiently pled where the images of the accused product included in the complaint did not appear to show a particular necessary element of the claims.

The District of New Jersey recently denied the litigants’ request for a briefing schedule to resolve a dispute about a proposed discovery confidentiality order, and also denied extending the deadlines for the defendants’ invalidity and non-infringement contentions. At issue was the scope of the FDA and patent prosecution bars in the confidentiality order.

The USPTO Director denied a patent owner’s request for discretionary denial of two inter partes review (IPR) petitions, citing the petitioner’s “well-settled expectation” that it would not be accused of infringing the two challenged patents. The Director’s conclusion was based on the petitioner’s decade-long business relationship with the original owner of the challenged patents.

The Southern District of Florida recently dismissed a complaint without prejudice because the allegations used a form of “shotgun pleading.” The court explained that a shotgun pleading includes those where every count incorporates every preceding paragraph into each cause of action, and that dismissal of such pleadings was required under Eleventh Circuit precedent.