Judge David larimer
Gradient Enterprises Inc., which owns a patent that was issued in 2010 for a "Method for Detecting, Reporting and Responding to Network Node-Level Events and a System Thereof," brought a patent infringement action against Skype. The claimed invention relates generally to technology concerning computer networks. Although Skype did not assert direct infringement claims, they argued that it would be unfair to require them to meet a higher standard of pleading on their counterclaims than that applied to claims of direct infringement. The court held the counterclaim is sufficient, to the extent that it sought a declaration that Skype has not directly infringed the patent. However, to the extent that Skype sought a declaration that they have not indirectly infringed the patent, or that the patent is invalid, the court found those counterclaims to be facially insufficient as they fail to meet the pleading standards of Twombly and Iqbal. The court added that a claim of indirect infringement must allege specific facts showing how Skype is alleged to have induced or contributed to another’s infringement. The court notes it is not unfair to expect a defendant to plead contrary facts showing that its actions did not involve such indirect infringement.
