Disc Disease Solutions Inc. v. VGH Solutions, Inc.

Disc’s 113 patent, entitled “Spinal Brace,” is directed to an air injectable band with a rigid panel worn around the waist. When the band is inflated it expands vertically to provide traction to the spine of the user to relieve back pain. Disc's 509 patent is entitled “Wrinkled Band Without Air Expansion Tube and its Manufacturing Method.” VGH manufactures and sells inflatable spinal brace products. Disc sued for infringement, specifically identifying VGH’s products and alleging that the products meet “each and every element of at least one claim of the 113 [or 509] Patent, either literally or equivalently.” Disc attached the asserted patents and photographs of the accused products. The following day, amendments to the Federal Rules of Civil Procedure took effect, abrogating Rule 84 and Form 18, stating that the amendments “shall govern in all proceedings in civil cases thereafter commenced and, insofar as just and practicable, all proceedings then pending.” The district court dismissed Disc’s complaint with prejudice, reasoning that the change applied and that the complaint did not meet the “Iqbal/Twombly” standard articulated by the Supreme Court. The court denied Disc’s motions for reconsideration and to amend the judgment. The Federal Circuit reversed. Disc’s allegations are sufficient under the plausibility standard of Iqbal/Twombly. Disc’s disclosures provided VGH fair notice of infringement of the asserted patents. View "Disc Disease Solutions Inc. v. VGH Solutions, Inc." on Justia Law