Judge Richard G. Andrews recently denied a defendant’s motion to dismiss the plaintiff’s amended complaint for failure to give fair notice of which of the defendant’s products or services allegedly infringe the plaintiff’s patent. Online News Link LLC v. Wayfair LLC, C.A. No. 13-1440-RGA (D. Del. Feb. 21, 2014). The amended complaint alleged infringement by the defendant’s email system, and attached as exhibits screenshots of emails that were sent by the defendant’s system. Judge Andrews found “not persuasive” the defendant’s argument that it was not fairly put on notice of which products or services the plaintiff was alleging infringe, and explained “[Defendant] is in a position to know which system sends the emails exemplified by the exhibits. Without discovery, Plaintiff could not pursue its claims because Defendant’s use of the accused system is private.” The defendant’s motion to dismiss was therefore denied.
Online News Link LLC v. Wayfair LLC, C.A. No. 13-1440-RGA (D. Del. Feb. 21, 2014).
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