Court denies Defendants BigWall Enterprises and Walgreen’s motion to dismiss complaint filed by Bruder Healthcare

March 23, 2015 – United States District Judge Steve C. Jones denied Defendants BigWall Enterprises, Inc. and Walgreen Co.’s motion to dismiss the infringement claims brought in Plaintiff Bruder Healthcare Co.’s complaint in Civil Action No. 1:13-cv-4138-SCJ (N.D. Ga.).  Judge Jones rejected BigWall and Walgreen’s arguments that there was no basis for finding direct infringement based on the argument that no single party performs all of the steps in any one of the method claims of the patent at issue, finding that Plaintiff successfully pled direct infringement.  Judge Jones also denied Defendants’ motion to dismiss with respect to induced and contributory infringement.  The patent at issue is U.S. Patent No. 8,420,882, entitled “Wound and therapy compress and dressing.”  The technology at issue relates to therapeutic compresses and dressings used to provide pain relief.

By: Frederick C. Millett

View Attachment (PDF)