Addiction & Detoxification Institute, LLC v. Epperly, No. 11 C 5947, Slip Op. (N.D. Ill. May 23, 2012) (Dow, J.).
Judge Dow granted defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff’s patent infringement suit without prejudice to refile within twenty one days. Plaintiff’s complaint was “woefully deficient” asserting only that defendants “practiced one or more inventions” claimed in the patents, that defendants benefitted from the infringement and that plaintiff was harmed. These conclusory allegations did not meet the Twombly/Iqbal pleading standard. Plaintiff was given twenty one days to replead with facts. And defendant’s sanctions motion was denied with leave to refile if an amended complaint was filed and remained deficient.