Judge Stark: Motion to Dismiss or for a More Definite Statement Denied

In St. Clair Intellectual Property Consultants, Inc. v. Apple Inc., C.A. No. 10-00982-LPS (D. Del. Sept. 30, 2011), Judge Stark denied “Defendant Research in Motion Ltd. and Research in Motion Corporation’s Motion to Dismiss or, in the alternative, Motion for a More Definite Statement.” Id. at 1. In its motion to dismiss, Research in Motion (“RIM”) argued that the plaintiff’s complaint “fails to satisfy the third required element of Form 18 because it fails to identify the specific RIM products (or class of products) that allegedly infringe any of the patents-in-suit.” Id. at 4-5. Although the complaint “identifies the category of infringing products as ‘smartphones and tablets’ and elaborates by identifying specific models of RIM’s smartphones and tablets that are allegedly infringing[,]” RIM claimed that the complaint was deficient because it “identifies ‘nearly every product sold by RIM’ and, thus, provides insufficient notice[.]” Id. at 5. Judge Stark rejected this argument, noting that the complaint “makes numerous references to the allegedly infringing product models and explicitly ties the RIM products to each recitation of infringement[.]” Id. at 6. In denying RIM’s motion to dismiss, the court also rejected RIM’s argument that the complaint “fails to allege that RIM makes, uses, or sells a device ’embodying the patent[,]'” stating that “the Complaint is not required to address how the infringing products use the patented technology.” Id. at 6-7. Finally, the court “determined that St. Clair’s Complaint provides sufficient notice of the infringement allegations[,]” and therefore the court denied RIM’s motion in the alternative for a more definite statement. Id. at 7-8.

St. Clair Intellectual Prop. Consultants, Inc. v. Apple Inc., C.A. No. 10-00982-LPS (D. Del. Sept. 30, 2011)

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