In a recent memorandum opinion, Judge Robinson denied Sony’s motions to dismiss inducement and willfulness claims and to stay pending the resolution of an appeal in an earlier related case. Apeldyn Corp. v. Sony Corp., et al., C.A. No. 11-440-SLR (D. Del. Apr. 4, 2012). In denying Sony’s motion to dismiss the inducement claim, the Court explained that a complaint that “sufficiently identifies, for purposes of Rule 8, the patent at issue and the allegedly infringing conduct, [and] a defendant’s receipt of the complaint and decision to continue its conduct despite the knowledge gleaned from the complaint” can satisfy the elements of an inducement claim under Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060, 2068 (2011). Id. at 9. The Court explained that Sony indisputably knew that its conduct was alleged to induce infringement at least as of the filing of the earlier complaint, and Apeldyn sufficiently alleged that Sony continued to engage in that conduct despite its knowledge. Id. at 7. The Court next addressed the willfulness claim, and explained that although “a willfulness claim asserted in the original complaint must necessarily be grounded exclusively in the infringer’s pre-filing conduct,” quoting In re Seagate Tech., LLC, 497 F.3d 1360, 1374 (Fed. Cir. 2007), the “pre-filing conduct” requirement as it related to this second filed action by Apeldyn included the participation in the earlier filed case. Id. at 11. Accordingly, the Court found that Apeldyn’s complaint sufficiently alleged “that Sony had knowledge of the ‘382 patent before filing of the instant suit.” Id. at 12 (emphasis added). Finally, the Court addressed Sony’s motion to stay pending the resolution of the appeal in the earlier case, and explained that although the status of this case favored a stay, the prejudice to Apeldyn weighed against a stay and it was not yet clear whether a stay likely would result in simplification of issues in this case. Id. at 16. The Court therefore denied the motion to stay without prejudice.
Apeldyn Corp. v. Sony Corp., et al., C.A. No. 11-440-SLR (D. Del. Apr. 4, 2012).
Delaware IP Law Blog 