Nalco Co. v. Chem-Mod, LLC, No 14 C 2510, Slip Op. (N.D. Ill. Feb. 4, 2015) (Darrah, J.).
Judge Darrah granted defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Nalco’s patent infringement regarding a method for reducing mercury emissions from coal gas by injecting a bromide compound into flue gas.
The Court held that Nalco sufficiently pled use, not just an offer to sell or a sale, of the patented method. But Nalco did not plead a plausible infringement claim. Nalco’s patent sought a method for treating flue gas during coal combustion. But defendants accused Chem-Mod Solutions method involving injecting additives into coal pre-combustion. Therefore, claim construction was not necessary to hold that Nalco had not pled direct infringement. Because Nalco had not pled direct infringement, its indirect infringement claims also failed. The Court granted Nalco thirty days to amend its complaint, if it could pursuant to Fed. R. Civ. P. 11.