Back in August of 2011, we wrote about the second patent infringement suit filed in Puerto Rico this year,Ingeniador, LLC. v Interwoven, Blackboard, Microsoft, Oracle, SAP, et al, Civil Action No. 3:11-cv-01840.The suit is against no less than 16 major tech companies in the U.S. Then in December, we wrote about the litany of motions to dismiss that began to trickle in the docket. Well, on May 15th, 2012, the District Court entered its Opinion and Order, effectively dismissing all the claims in the case.
The District Court granted several motions to dismiss (MTD) based on lack of personal jurisdiction, holding that companies such as Blackboard, Interwoven, SpringCM, Compulink and Tridion did not have sufficient minimum contacts with Puerto Rico to hold personal jurisdiction as determined by the 1st Circuit (given that the Federal Circuit did not have cases on point).
However, the really juicy part of the opinion is the District Court’s interpretation of the pleading standard for patent infringement cases. Recognizing that the Federal Circuit nor the 1st Circuit have determined whether or not Twombly and Iqbal (T&I) apply to patent infringement pleadings, the District Court nevertheless holds that T&I apply patent infringement cases since its been clearly held that T&I apply to all civil cases before US district Courts. Based on that interpretation, the District Court dismissed the remaining claims based on failure to properly plead.
Now, where does Ingeniador go from here? I can’t imagine they won’t be filing a notice to appeal shortly thereafter, so when they do…we will keep you posted.
Below is the opinion and order.
*UPDATE: 6/15/2012: Ingeniador filed its notice of appeal yesterday. On to the Federal Circuit!