Sarah FackrellBMW files two new design patent & trademark cases.
No pictures of the accused products. No claim charts.
They're giving Form 18.
Seriously, though: Which products do you say allege which patent(s)? We live in a Twiqbal world now; this isn't (shouldn't) be enough to state a claim for design patent infringement.
It is also my own personal opinion (I'm not aware of any cases on point) that Twiqbal requires, at a minimum, comparison views of the claimed and accused designs. The pictures are the only "factual matter" that actually matters.
Anyway, for more on Form 18 and the effect of Twiqbal, this is a pretty good explainer. #CivProMatters
Life After Form 18: A One-Year...
Life After Form 18: A One-Year...
Life After Form 18: A One-Year Retrospective on Pleading Direct Infringement
Authored by Jonathan J. Fagan and Jason E. Stach Form 18 provided a simple way to plead direct patent infringement. It required a party to provide little more than the asserted patent number and a gen...