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Judge Stark: Motion to dismiss patent infringement complaint for failure to state a claim against holding company DENIED

Judge Stark recently decided defendant Nikon Americas, Inc.’s motion to dismiss for failure to state a claim. Tarkus Imaging, Inc. v. Adobe Systems, Inc., et al., C.A. No. 10-63-LPS (D. Del. Apr. 21, 2011). Nikon Americas’ motion was premised on the fact that because Nikon Americas was a holding company, it could not infringe the patent-in-suit. Id. at 1. Specifically, Nikon Americas’ argued that because it does not “make, use, offer to sell, sell, or import into the United States the allegedly infringing products or, in fact, any products whatsoever[,]” it cannot be found to infringe the patent-in-suit. Id. at 3 (internal quotations omitted). Judge Stark found that plaintiff had alleged facts sufficient to survive Nikon Americas’ motion to dismiss and that Nikon Americas’ “general denial” of infringement “does not provide a basis to dismiss this case.” Id. at 4. “Accepting [plaintiff’s] well-pleaded allegations as true, this Court finds that it is at least plausible to believe that [Nikon Americas] infringes the [patent-in-suit].” Id. at 5.


Tarkus Imaging, Inc. v. Adobe Systems, Inc., et al., C.A. No. 10-63-LPS (D. Del. Apr. 21, 2011)

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