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Judge Andrews denies motion to dismiss direct infringement claim.

Judge Andrews recently issued a memorandum order denying a motion to dismiss direct infringement claims relating to a patent for “Multi-User On-Line Real-Time Virtual Social Networks Based upon Communities of Interest for Entertainment, Information or E-Commerce Purposes.” Real Time Social Inventions LLC v. CMI Marketing Inc., C.A. No. 12-182-RGA (D. Del. June 29, 2012). Although the Court noted that the allegations of direct infringement were “sparse”, it explained that “[n]o more is required.” Id. (citing In re Bill of Lading Transmission and Processing Sys. Patent Litig., 2012 WL 2044605 (Fed. Cir. June 7, 2012) (“whether [a complaint] adequately pleads direct infringement is to be measured by the specificity required by Form 18.”)). In response to the defendants’ alternative request for “early claim construction that should resolve this case without the need to spend any resources on fact discovery”, (Reply Br., D.I. 12), Judge Andrews indicated that early claim construction could be discussed at the Rule 16 conference after the defendants filed answers to the complaint.


Real Time Social Inventions LLC v. CMI Marketing Inc., C.A. No. 12-182-RGA (D. Del. June 29, 2012).

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