Judge Andrews dismisses complaint for failure to adequately identify an accused product or service

Judge Richard G. Andrews recently granted defendants’ motion to dismiss plaintiff’s complaint alleging that defendants’ “product or service implementing Hadoop Distributed File System” infringed plaintiff’s patents-in-suit. Parallel Iron LLC v. Accenture Inc., C.A. No. 12-917-RGA (D. Del. Nov. 9, 2012). Judge Andrews noted that while “[i]t is true that extremely minimal allegations . . . are all that are required to satisfy Form 18 and to state a claim of direct infringement[,]” plaintiff’s complaint could not “possibly be a sufficient description inasmuch as it identifies no product or service that [defendant] sells, uses, etc.” Id. at 1-2. Therefore, Judge Andrews dismissed plaintiff’s complaint without prejudice. Click here for a recent discussion of trends in the District of Delaware regarding the sufficiency of pleadings alleging indirect and direct patent infringement.

Parallel Iron LLC v. Accenture Inc., C.A. No. 12-917 (D. Del. Nov. 9, 2012)

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