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The Federal Circuit Provides Guidance on Meeting the Bar for Notice Pleading in Design Patent Infringement Cases
By Glenna L. Gilbert
On January 25, 2013, the Federal Circuit decided Hall v. Bed Bath & Beyond, Inc.et al., a patent infringement case concerning a patented design for a “Tote Towel.” Bed Bath & Beyond (BB&B) moved to dismiss Hall’s complaint for failure to state a claim on which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). In dismissing Hall’s complaint, the district court stated that Hall’s patent infringement complaint did not contain allegations to show what aspects of the Tote Towel merit design protection, or how each defendant infringed the protected patent claim.
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