Induced and contributory infringement and willfulness claims are insufficiently plead

Varian Medical Systems, Inc. v. Elekta AB, et al., C.A. No. 15-871 - LPS, July 11, 2016.

Burke, M. J. Report and recommendation recommending that defendants motions to dismiss be granted with leave to amend.

All defendants move to dismiss induced and contributory infringement claims. The U.S. defendants further move to dismiss willful infringement claims. The disputed technology relates to radiation treatment devices. The court disagrees with plaintiff that the complaint adequately alleges that a third party has directly infringed the patent-in-suit. Also, the complaint does not sufficiently allege how the accused product infringes the asserted claims. As for willfulness, plaintiff does not explain how defendants’ conduct amounts to an egregious case of infringement under Halo. The court recommends dismissing these claims with leave to file an amended complaint.