Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

Protegrity’s “Bare Bones” Allegations Result in Dismissal, Again

By Micah Miller on February 27, 2015
Email this postTweet this postLike this postShare this post on LinkedIn

data-security-2In yet another case in the District of Connecticut, Protegrity has seen its claims for indirect and willful infringement dismissed because, according to the court, its complaint did not plead sufficient facts. District Judge Robert Chatigny granted AJB Software’s motion to dismiss, agreeing with AJB that the “bare bones” allegations in Protegrity’s complaint were insufficient for pleading induced, contributory, and willful infringement. AJB did not challenge the sufficiency of the pleadings for Pretegrity’s direct infringement claim. This ruling follows District Judge Vanessa Bryant’s 2014 order dismissing the same claims against Paymetric, Inc. in Protegrity Corporation v. Paymetric, Inc. for largely the same reasons.

The relevant portion in Protegrity’s complaint was the same as that at issue in Paymetric, providing as follows:

Upon information and belief, Defendant has directly or contributorily infringed or induced the infringement of the claims of [patent] by having made, used or sold database security systems that duly embody the invention as claimed herein; such infringement was willful and deliberate . . . .

Applying the standard provided by Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), Judge Chatigny found the complaint, on its face, failed to state a plausible claim for indirect and willful infringement. Beginning with induced infringement, the Court found the factual allegations did not support inferring that AJB “knowingly induced infringement and possessed specific intent to encourage another’s infringement.” Similarly, the Court found that the allegations did not support a claim for contributory infringement. In particular, the Court found that the factual allegations in the complaint did not support inferring that AJB knew about Protegrity’s patents; AJB’s product has no substantial non-infringing uses; or AJB knew its products were made or adapted for use in infringing the patents. Finally, Judge Chatigny dismissed Protegrity’s willfulness claim because Protegrity failed to even allege that AJB had knowledge of the patents.

This case, along with Paymetric, illustrates that complaints reciting bare causes of action or conclusions for indirect and willful infringement, without supporting factual allegations, are vulnerable to motions to dismiss.

The case is Protegrity Corporation v. AJB Software Design, Inc., Civil Action No. 3:13-CV-01484-RNC, in the District of Connecticut. The court’s order can be found here.

 

Photo of Micah Miller Micah Miller

Micah W. Miller is an associate in the Litigation Department and a member of the Intellectual Property and Patent Law Groups. Micah’s practice focuses on obtaining and protecting intellectual property rights.

Micah represents clients before the U.S. Patent and Trademark Office and assists…

Micah W. Miller is an associate in the Litigation Department and a member of the Intellectual Property and Patent Law Groups. Micah’s practice focuses on obtaining and protecting intellectual property rights.

Micah represents clients before the U.S. Patent and Trademark Office and assists clients in obtaining patent rights abroad. He has helped clients protect a broad range of technologies, including computer hardware, software, computer storage, data compression, e-commerce, computer graphics, medical diagnostic devices, solar cells, machine vision, mass spectrometry, and semiconductor processing and defect analysis.

Email
Show more Show less
  • Posted in:
    Intellectual Property
  • Blog:
    New England IP Blog
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

Have questions? Call 1-800-913-0988 or email sales@lexblog.com.
Facebook LinkedIn Twitter RSS
  • About LexBlog
  • Our Beliefs
  • Our Team
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • RSS Terms of Service
  • Syndication Terms of Service
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo