Iqbal in Patent Cases in the Rocket Docket
ActiveVideo Networks sued Verizon in the EDVA for patent infringement of five patents relating to cable television technology, including interactive cable. In the Complaint, ActiveVideo identified the following accused products: "interactive television systems, devices, and/or services, including the FIOS system...." Verizon responded with a motion to dismiss based on Ashcroft v. Iqbal, for ActiveVideo's failure to allege which Verizon products are accused of infringement. The motion has been fully briefed (motion, opposition, and reply), before Judge Jackson in the Norfolk Division. The Court's ruling may well be instructive as to how Judges in the Rocket Docket approach the application of Iqbal to patent infringement cases.