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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Knowledge From Date of Complaint Sufficient for Indirect Infringement

Posted in Pleading Requirements

Radiation Stabilization Sol’ns LLC v. Accuray Inc., No. 11 C 7700, Slip Op. (N.D. Ill. Aug. 21, 2012) (Coleman, J.).

Judge Coleman granted in part defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Radiation Stabilization Solutions’ (“RSS”) claims in this patent infringement suit regarding technology for stabilizing irradiated targets.  While defendant Cancer Treatment Centers of America (“CTCA”) was not properly named because its corporate designation – Inc. – was not listed, there was no need to dismiss CTCA.  Instead, RSS was given leave to amend identifying CTCA’s correct corporate form.

RSS sufficiently pled induced infringement by making statements at least as detailed as Form 18 to the Federal Rules regarding the alleged underlying direct infringement.  The complaint need not identify a specific direct infringer.  While RSS did not allege it gave defendants notice of the infringement, the complaint itself served as notice.  Similarly, RSS’s claims of intent starting from the date of the complaint were sufficient.

The Court dismissed RSS’s contributory infringement claims without prejudice.  While RSS’s similar claims of direct infringement and intent were sufficiently pled, RSS made no statement at all that defendants’ products did not have substantial non-infringing uses.