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Disc Disease Solutions Inc. v. VGH Solutions, Inc.

Straightforward Pleading Sufficient to State Claim for Patent Infringement

Disc Disease Solutions Inc. v. VGH Solutions, Inc., __ F.3d __, 2018 WL 2011468 (Fed. Cir. May 1, 2018) (REYNA, Wallach, Stoll) (M.D. Ga.) (3 of 5 stars)

Fed Cir reverses Rule 12 prejudicial dismissal for failure to state a claim. The district court erred in holding that Disc Disease’s complaint failed to satisfy the Iqbal/Twombly pleading standards. The complaint, which attached the asserted patent, specifically identified (by name and with photos) the accused products, and clearly alleged that the accused products meet “each and every element of at least one claim . . . either literally or equivalently.” Applying Iqbal and Twombly, “These disclosures and allegations are enough to provide VGH Solutions fair notice of infringement of the asserted patents.” Op. at 8.

KEYWORDS: PLEADING, FAILURE TO STATE A CLAIM, PLAUSIBILITY