D. Mass. Patent Litigation Update: August 2024

This is part of a series of articles discussing recent orders of interest issued in patent cases by the United States District Court for the District of Massachusetts.

In Endobotics, LLC v. Hologic, Inc, No. 24-cv-10746, Judge Saris allowed-in-part and denied-in-part Defendant Hologic's motion to dismiss Plaintiff Endobotics' patent infringement claims.

This case involves minimally invasive surgical instruments. Plaintiff asserted various patent infringement claims of three, almost-expired, patents titled “Surgical Instrument.”

Defendant moved to dismiss the direct infringement claim, arguing that the complaint does not plausibly allege that the accused products satisfy two material limitations: “bendable motion member” and “proximal bendable member.” Plaintiff responded that it was not required to plead infringement on an element-by-element basis and argued that its identification of the name and model number of the accused products, as well as images