D. Mass. Patent Litigation Update: February 2022

This is the third in 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 Blue Engine Biologics v. Arteriocyte Medical Systems Inc., No. 1:21-cv-11098-DJC, on February 10, 2022, Judge Casper denied Defendant's motion to dismiss direct infringement claims in Blue Engine's amended complaint, finding Blue Engine had asserted a plausible claim.

On a motion to dismiss, courts conduct a two-step, context-specific inquiry, consistent with Garcia-Catalán v. United States, 734 F.3d 100, 103 (1st Cir. 2013), namely, (1) accepting factual allegations as true, and (2) determining whether the factual allegations present a “reasonable inference that the defendant is liable for the conduct alleged.” In short, courts apply a “plausibility threshold” that “does not demand a high degree of factual specificity.” Id.