District of Delaware Recites Policy Rationale for Dismissing Willful and Indirect Infringement Claims for Failure to Plead Pre-Suit Knowledge of Infringement
By EsqSocial Corporation 07/04/21
On March 24, 2021, U.S. District Judge Colm F. Connolly of the District of Delaware, granted a defendant’s motion to dismiss claims for contributory and induced infringement and enhanced damages under 35 U.S.C. § 284 because the complaint alleged knowledge of the asserted patents solely based on averments in prior original and amended complaints in the same lawsuit. ZapFraud, Inc. v. Barracuda Networks, Inc., No. 19-cv-01687, ECF 57. In so doing, Judge Connolly reaffirmed the majority position...
By: Mintz - Intellectual Property Viewpoints