Intellectual Property Law

Chief Judge Gregory M. Sleet: Claims Fail to Meet Twombly Standard

By Karen E. Keller, Andrew A. Lundgren et al.

The District Court of Delaware in LG Electronics U.S.A., Inc. v. Whirpool Corporation, found that a "formulaic recitiation of the elements of the Lanham Act and Delaware Deceptive Trade Practices" with the insertion of Whirpool's name is insufficient to meet the pleading requirements set forth in Bell Atlantic Corp. v. Twombly. The party making the claim must assert specific factual allegations, not just legal conclusions. Id. at 2-3.

Note: LG Electronics argued that additional factual details supporting its claims were found in its reply brief on the motion to amend. Id. at 2 n.1. The Court, however, declined to consider these facts as the material was not an "integral" part of the complaint. Id. (internal citations omitted).

LG Electronics U.S.A., Inc. v. Whirpool Corporation, C.A. No. 08-234-GMS, Memo. Order (D. Del. Nov. 9, 2009).

Full post as published by Delaware IP Law Blog on November 19, 2009 (boomark / email).