Atlas IP, LLC v. City of Naperville, No. 15 C 10744, Slip Op. (N.D. Ill. Jul. 19, 2016) (Coleman, J.).

Judge Coleman granted defendant Naperville’s Fed. R. Civ. P. 12(b)(6) motion to dismiss for failure to state a claim pursuant to Twombly / Iqbal in this patent case involving networked power meters.

Although Atlas’s complaint was filed on November 30, 2015, before the Federal Rules were amended to remove Form 18 thereby requiring patent plaintiffs to comply with Twombly / Iqbal, the Court applied the Twombly / Iqbal standard. The Court held that Atlas’s allegations failed to sufficiently allege infringement of two claim elements:

  1. Atlas’s claims regarding the “powering off step were conclusory and insufficient. Atlas made the conclusory statement that smart meters are capable of powering off without factual support. Furthermore, Atlas did not claim that the accused power meters powered off as laid out in the claim element; and
  2. Atlas only made a conclusory allegation regarding the “frame” element. More than a conclusory recitation of the claim element was required.

Atlas was given 21 days to replead, if it could do so.