Recent Ruling Sheds Light on Pleading Requirements in the Western District of Texas
NPE Parity Networks LLC has recently beaten back motions to dismiss its two March 2019 cases in the Western District of Texas against Cisco for pleading inadequacies. In a single order dated on July 26 and entered on the docket of both cases, District Judge Alan D. Albright ruled that Parity’s pleading with respect to direct infringement, indirect infringement, and willful infringement are all sufficiently adequate to survive an early challenge. In response, Cisco promptly filed answers to the two live complaints against it—and Parity Networks filed a third complaint, accusing Cisco (6:19-cv-00458) of infringing three more network traffic management patents from its portfolio, these three new to litigation. Cisco is again accused of infringement through the provision of an overlapping set of network hardware operating systems (Cisco IOS, Cisco IOS XR, Cisco IOS XE, and Cisco NX-OS) offering various network traffic management features as well as certain routers, including, in the new complaint, Cisco Carrier Routing System (CRS) routers.