Evolved Wireless, LLC v. Samsung Electronics Co., Ltd., et al., C.A. No. 15-545-SLR-SRF, March 15, 2016

Fallon, M. J. Report and recommendation recommending that defendants’ partial motion to dismiss willful infringement claims and claims for pre-complaint inducement and contributory infringement be granted.

The court notes that the allegations in the complaint are insufficient to establish defendants had pre-suit knowledge of the patents-in-suit. The correspondence concerning pre-suit identification of 85 patents and applications was insufficient. Plaintiff failed to specifically highlight the patents-in-suit in the pre-suit communication.  In addition, there is no allegation linking knowledge of the patents and a known risk of infringement thus failing to plead objective recklessness.  The claims of pre-suit inducement and contributory infringement likewise fail for failure to adequately plead knowledge of the patents-in-suit and infringement allegations.