Durie Tangri Wins Motion to Dismiss for Failure to Plead a Plausible Infringement Theory

May 18, 2016

Durie Tangri wins a motion to dismiss on behalf of client ComEd today, dismissing patent infringement claims made by plaintiff Atlas IP LLC as insufficient to meet the new pleading standard for patent infringement cases.  Atlas had previously amended its complaint, attaching a claim chart, but Judge Shadur held that Atlas had failed to articulate a plausible theory of infringement and that “Atlas is entirely incorrect in stating that claim construction cannot be engaged in at all at the motion to dismiss stage, at least when it is based on facts alleged in or reasonably inferable from the complaint.” This time, Judge Shadur denied Atlas leave to amend its claims: “Atlas has brought a hopeless lawsuit of precisely the sort that the last decade's interpretation of and amendments to the Rules were intended to dispose of quickly and even to deter outright.”  Read the order issued by Judge Shadur today.