Pre-Suit Willfulness Sufficiently Pleaded Where Detailed Facts Support Defendant’s Involvement in Opposition Proceeding of Related Patent and Participation in Relevant Industry

November 17,2025 Patent Litigation, Patent Infringement

The district of Delaware recently denied a defendant’s partial motion to dismiss pre-suit willful infringement from the litigation, finding instead that the allegations taken as a whole were sufficient to support pre-suit willfulness at the pleading stage. Specifically, the court found that the allegations as to the defendant’s involvement in a related foreign opposition proceeding and participation in the relevant industry were accompanied by detailed factual support that sufficiently pleaded willful infringement for the pre-suit period.

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