Complaint’s “Flawed,” “Circular” Reasoning Dooms Patent Claims

Grecia v. True Value Co., No. 18 C 1886, Slip Op. (N.D. Ill. Aug. 9, 2018) (Kocoras, J.). Judge Kocoras granted defendant True Value’s Fed. R. Civ. P. 12(b)(6) motion to dismiss and dismissed plaintiff Grecia’s patent complaint in this patent dispute involving point of sale terminals. While the Court was “skeptical” that Grecia’ could “resurrect” his claims by re-pleading, the Court gave Grecia the opportunity to re-plead before dismissing his claims with prejudice. The Court held that Grecia’s complaint failed for “circular reasoning” which “obfuscated” the pleadings and briefing “destroying” his claims. Required to point to a single element of True Value’s accused system that satisfied the claims’ “communications console” requirement, Grecia pointed to both a customer’s mobile device or chip card and the bank or credit card company’s EMV Token Service…

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