Recent Decisions From The Eastern District Of Texas Reject Early Application Of Divided Infringement Defense In Patent Cases

more+
less-

A series of recent decisions in the Eastern District of Texas indicate that defendants seeking early dismissal of patent infringement claims based on a defense of divided infringement will have to wait until after claim construction and discovery before the issue is ripe for consideration. For the third time this year, judges from this district have declined to address divided infringement at the pleading stage. In each case, the defendants brought motions to dismiss under Rule 12(b). And, in each case, Eastern District judges denied the motions, reasoning that dismissals for infringement theory defects in the pleadings are not ripe for consideration until plaintiffs have had the benefit of discovery and claim construction to fully develop their infringement theories. These recent decisions are in tension with those of other district courts that have granted similar motions for dismissal on the pleadings over the past two years. However, these decisions confirm that this variety of early dismissal will not be available in the Eastern District of Texas.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Wilson Sonsini Goodrich & Rosati | Attorney Advertising

Written by:

more+
less-

Wilson Sonsini Goodrich & Rosati on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×