JT IP Holdings, LLC et al. v. Florence et al. (D. Mass. 20-cv-10433).

JT IP filed suit against FloPack and its founders, accusing them of various misdeeds in connection with the establishment of JT IP and the ownership and inventorship of a patent that JT IP intended to use. JT IP brought a number of claims, including one for patent infringement, and FloPack sought to dismiss all counts. Earlier this fall, Judge Talwani denied FloPack’s motion with respect to all counts save the Lanham Act claim. JT IP asserted that FloPack was making false statements regarding its ownership of the ‘563 patent that tended to deceive the public in violation of section 43(a) of the Act. JT IP’s allegations were supported primarily by bare factual allegations recited “on information and belief.” Judge Talwani determined that the allegations did not survive a Twombly analysis because the facts pled were not peculiarly within the possession and control of FloPack and the allegations so pled were not sufficiently based on factual information that made the inference of culpability probable. In response to a request for admissions, FloPack asserted that it was not making or selling the accused product, which JT IP acknowledged to the Court in a joint status report. JT IP further admitted that they do not at this time have any information to the contrary. Accordingly, Judge Talwani has granted FloPack’s motion to dismiss the infringement claim, albeit without prejudice.