In Partial Reversal of Decision for Sony, CAFC Reiterates Patentees Need Not Prove Their Case at the Pleading Stage
On July 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, and remanded the U.S. District Court for the Northern District of California’s decision that Sony Corporation of America, et al (Sony) did not infringe Bot M8 LLC’s (Bot M8) patents, again clarifying the pleading standard for patent infringement. Bot M8 filed suit against Sony in the United States District Court for the Southern District of New York, alleging infringement of six of their patents, five of which remain relevant on appeal: U.S. Patent Nos. 8,078,540 (the ‘540 patent); 8,095,990 (the ‘990 patent); 7,664,988 (the ‘988 patent); 8,112,670 (“the ‘670 patent”); and 7,338,363 (the ‘363 patent). Bot M8 accused Sony’s PlayStation 4 (PS4) gaming consoles and aspects of Sony’s PlayStation network of infringing their ‘540, ‘990, ‘988, and ‘670 patents. Additionally, Bot M8 accused certain PS4 video games of infringing their ‘363 patent.