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Direct infringement claims survive motion to dismiss, “barely” satisfying Form 18

Judge Andrews recently considered a motion to dismiss allegations that PayPal’s “network products and/or services that use Remote Direct Memory Access (RDMA)” infringe plaintiff’s patent by “operating according to the InfiniBand specification.” Infinite Data LLC v. PayPal, Inc., C.A. No. 12-1622-RGA (D. Del. May 17, 2013). Noting that “extremely minimal allegations” can satisfy Form 18, Judge Andrews denied the motion. Id. at 1-2 (citing In re Bill of Lading, 681 F.3d 1323, 1334 (Fed. Cir. 2012):

“Were there only Bill of Lading, I would probably dismiss this Complaint. Nevertheless, as the Complaint sets forth what the patent claims, what sort of computer system is supposed to be practicing the patented method, and refers to the InfiniBand technology (which presumably means something to people in the field) to further give notice to the Defendant of how its products and services are practicing the patented method, I think the Plaintiff has pled enough, albeit barely, to sustain the Complaint.” Id. at 2.

Infinite Data LLC v. PayPal, Inc., C.A. No. 12-1622-RGA (D. Del. May 17, 2013)

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