Posts Tagged: "complaint"

Lifetime Industries, Inc. v. Trim-Lok, Inc., 2017-1096, (Fed. Cir. Sept 7, 2017) is an appeal involving a dispute over the correct pleading standard in the context of allegation of infringement of a patented product.  The appeal resulted in the reversal of a district court’s final judgment granting Trim-Lok, Inc.’s motion to dismiss Lifetime’s complaint for failing to adequately allege that Trim-Lok either directly or indirectly infringed claims of its U.S. Patent 6,966,590 (’590 patent)… In sum, the Federal Circuit opinion in Lifetime is a good refresher on sufficiency of facts needed for filing a complaint alleging patent infringement. It is a refresher also on proving infringement resulting from assembly of components to make the claimed product when not all of the components are made by the same party.

Finjan asserts four patents in the case and alleges that Bitdefender’s marketing of antivirus, cloud and sandboxing technologies infringes upon the patents-in-suit. The case has been filed in the Northern District of California… Finjan’s suit against Bitdefender alleges that Bitdefender was presented with written notice of the alleged infringement of Finjan’s patents as early as February 2015. In October 2015, Finjan alleged that it discussed the ‘844, ‘154 and ‘494 patents with Bitdefender and how those patents read on technology practiced by Bitdefender. Despite numerous in-person and telephone meetings, Finjan alleges that that Bitdefender has continued to engage in willful and deliberate infringement of Finjan’s IP.