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Even Under Iqbal/Twombly Framework, Patentees Face Low Bar for Alleging Infringement

Even Under Iqbal/Twombly Framework, Patentees Face Low Bar for Alleging Infringement

In Lifetime Industries, Inc. v. Trim-Lok, Inc., No. 2017-1096, 2017 U.S. App. LEXIS 17257 (Fed. Cir. Sept. 7, 2017), the Federal Circuit reviewed a district court?ÇÖs dismissal of a patent infringement suit under Rule 12(b)(6) for failing to adequately plead direct or indirect infringement. Applying the Iqbal/Twombly standard to the claims, the Federal Circuit reversed the dismissal, concluding that the allegations?Çölargely based on one assembly of an infringing combination and the defendant?ÇÖs knowledge of the patent?Çösupported claims of both direct and indirect infringement. The decision shows that even without the benefit of form pleading, sufficiently alleging infringement under Iqbal/Twombly?áremains a relatively low hurdle that most patentees will be able to satisfy. The plaintiff?ÇÖs infringement allegations Lifetime Industries owns U.S. Patent 6,966,590 (?Ç£the ?ÇÖ590 patent?Ç¥), which issued in 2005 and ?Ç£generally describe[d] a two-part seal for use in a mobile living quarters (also referred to as a ?Çÿrecreational vehicle?ÇÖ or ?ÇÿRV?ÇÖ)… Continue Reading

DOL Files Suit Against Macy?ÇÖs for Alleged Health and Welfare Plan Violations

The DOL recently filed suit against Macy?ÇÖs and two of its third party administrators (?Ç£TPAs?Ç¥) alleging violations of ERISA?ÇÖs fiduciary rules and related offenses with respect to the payment of out-of-network (?Ç£OON?Ç¥) healthcare claims, as well as against Macy?ÇÖs for alleged violations of HIPAA?ÇÖs wellness rules and ERISA?ÇÖs fiduciary rules. The applicable SPD indicated that the amount payable for services received from OON providers would be based on the lesser of the provider?ÇÖs actual charge or the average charge for similar services by providers in the participant?ÇÖs geographic area, while the TPAs actually determined the reimbursement amounts based on a percentage of the Medicare Allowable Rate. In addition to penalties, the DOL?ÇÖs complaint requests that the court require the plan to reprocess all OON claims during the applicable time period in a manner consistent with the then written terms of the plan. Many employer-sponsored health plans have similar issues regarding… Continue Reading

September 2017