United States Federal Circuit

In consolidated cases alleging direct patent infringement against defendant Time Warner and defendant DirecTV, involving patents on identifying systems and methods for modifying a major channel number, a minor channel number, and/or a carrier frequency to identify a television program, the district court's dismissals of the suits are reversed and remanded, where the district court applied the incorrect standard in evaluating the adequacy of plaintiff's complaints, and should have used to Form 18 of the Appendix of Forms to the Federal Rules of Civil Procedure; and 2) plaintiff's allegations are sufficient under this standard, as Form 18 does not require that a plaintiff identify an accused device by name.

Appellate Information

• Decided 04/18/2013
• Published 04/18/2013

Judges

• O’MALLEY

Court

• United States Federal Circuit

Counsel