Intellectual Property Law

Magistrate Judge Stark: Motion for Judgment on the Pleadings -- denied

By Karen E. Keller, Andrew A. Lundgren et al.

Magistrate Judge Stark recently recommended, among other things, that the Court deny defendant-counterplaintiff Rembrant?s motion for judgment on the pleadings. In re Rembrandt Techs. LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, (D. Del. June 29, 2009). Rembrandt argued that they never signed a license agreement and no other facts are pled ?to support the conclusory allegation that Rembrandt is nevertheless bound by [the] [a]greement as a partner, joint, venturer, alter ego, or principal of a party to the [a]greement . . . .? Id. at 7-8. In support of their motion, the Counter-Defendants argued that ?under the guise of ?challenging the pleadings,? Rembrandt [was] asking the Court to ignore and dismiss the detailed factual allegations supporting each . . . claim[.]? Id. at 8. Noting that a complaint ?must state enough facts to raise a reasonable expectation that discovery will reveal evidence of the necessary element of a plaintiff?s claim[,]? Id. at 11, Magistrate Judge Stark recommended denying Rembrandt?s motion because the counterclaims were sufficient ?under the notice pleading requirements? and because ?granting judgment to Rembrandt without any consideration of what has been revealed in discovery would be improper.? Id. at 13.

In re Rembrandt Techs. LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, (D. Del. June 29, 2009)

Full post as published by Delaware IP Law Blog on July 02, 2009 (boomark / email).