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Motion to Dismiss › Patent Litigation › Induced Infringement

Mintz - Intellectual Property Viewpoints

District of Delaware Recites Policy Rationale for Dismissing Willful and Indirect Infringement Claims for Failure to Plead...

Mintz - Intellectual Property Viewpoints on

On March 24, 2021, U.S. District Judge Colm F. Connolly of the District of Delaware, granted a defendant’s motion to dismiss claims for contributory and induced infringement and enhanced damages under 35 U.S.C. § 284 because...more

Mintz - Intellectual Property Viewpoints

Eastern District of Michigan Dismisses Willful Infringement Claims for Failure to Allege Infringer's Knowledge and Egregious...

Mintz - Intellectual Property Viewpoints on

On July 13, 2020, the U.S. District Court for the Eastern District of Michigan, in Mich. Motor Techs., v. Volkswagen Aktiengesellschaft, No. 19-10485, granted Volkswagen’s motion to dismiss Michigan Motor Technologies’...more

Fox Rothschild LLP

Judge Connolly Grants Defendants’ Motion To Dismiss Plaintiff’s Patent Infringement Claims In Part And Denies In Part

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By Memorandum Opinion entered by The Honorable Colm F. Connolly in Dynamic Data Technologies, LLC v. Brightcove Inc. et al., Civil Action No. 19-1190-CFC (D.Del. July 20, 2020), the Court denied in part and granted in part...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019 #2

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PATENT CASE OF THE WEEK - HZNP Medicines LLC v. Actavis Laboratories UT, Inc., Appeal Nos. 2017-2149, et al. (Fed. Cir. Oct. 10, 2019) - In a lengthy decision following a bench trial, the Court addressed a matter of...more

Fox Rothschild LLP

Judge Sleet Grants Defendant’s Motion to Dismiss Induced Infringement Claims But Denies Motion as to Direct Infringement Claims

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By Memorandum Opinion entered by The Honorable Gregory M. Sleet in IP Communication Solutions, LLC v. Viber Media (USA) Inc., Civil Action No. 16-134-GMS (D.Del. April 5, 2017), the Court granted in part Defendant’s motion to...more

Morris James LLP

Magistrate Recommends Not Dismissing Induced Infringement Claims, But It’s A Close Call

Morris James LLP on

Elm 3DS Innovations, LLC v. SK Hynix Inc., et al., C.A. No. 14-1432 – LPS- CJB, October 16 , 2015. Burke, M. J. Report and Recommendation recommending that the court deny defendant’s motion to dismiss pre-suit induced...more

Foley & Lardner LLP

U.S. Government Patent Infringement Precludes Induced Infringement

Foley & Lardner LLP on

In Astornet Technologies, Inc. v. BAE Systems, Inc., the Federal Circuit affirmed the district court’s dismissed of actions for induced infringement where the alleged direct infringer was the U.S. government. In particular,...more

Morris James LLP

Improperly Plead Complaint Is Dismissed

Morris James LLP on

The court declines to consider extrinsic evidence in the context of this motion to dismiss. However, the complaint is deficient in that the decision to lump two defendants together in addressing the direct infringement claim...more

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