Allegations of indirect patent infringement require, among other
things, pleading that the defendant had knowledge of the asserted
patent. It is not well-settled law, however, whether notice of a
complaint itself satisfies this knowledge requirement.
In the absence of U.S. Supreme Court and U.S. Court of Appeals
for the Federal Circuit precedent, district courts across the
country have reached different holdings on this issue — some
have held that a plaintiff must plead that the defendant had
presuit knowledge of the asserted patents, while others have held
that notice of the complaint satisfies the knowledge
requirement.
In light of two recent, potentially overlooked
cases,1 this article will explore the different
approaches taken by district courts and analyze how they have ruled
on this issue. In doing so, this article will provide guidance
regarding allegations of indirect patent infringement and
increasing the likelihood of surviving a Federal Rule of
