Judge Grants Motion to Dismiss Paul Allen's Patent Infringement Complaint Against Google & AOL

A district court judge in Seattle, Judge Marsha Pechman has granted motions filed by Google and AOL to dismiss a Paul Allen patent infringement lawsuit against the two companies and others. Agreeing with both Google and AOL, the judge said that Allen's lawsuit was too vague. Allen's patent infringement complaint "failed to identify the infringing […]

A district court judge in Seattle, Judge Marsha Pechman has granted motions filed by Google and AOL to dismiss a Paul Allen patent infringement lawsuit against the two companies and others. Agreeing with both Google and AOL, the judge said that Allen's lawsuit was too vague. Allen's patent infringement complaint "failed to identify the infringing products or devices with any specificity," Pechman wrote in her ruling.

Allen filed the lawsuit in late August, accusing 11 companies including: Google, Yahoo!, AOL, Facebook, and others -- of infringing on technology developed a decade ago by Interval Research Corp., a technology lab that Allen owned between 1992 and 2000.

Allen can refile an amended complaint with more details by no later than December 28th. But if it chooses to do so, it must be specific:

Plaintiff's complaint does not satisfy Rule 8 or Form 18 because Plaintiff has failed to identify the infringing products or devices with any specificity. The Court and Defendants are left to guess what devices infringe on the four patents. ... These allegations are insufficient to put Defendants on "notice as to what [they] must defend." McZeal, 501 F.3d at 1357...

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