Two days ago, in Minkus Electronic Display Systems Inc. v. Adaptive Micro Systems LLC, Civ. No. 10-666-SLR (D. Del. Mar. 16, 2011), Judge Robinson granted Defendants' motions to dismiss for failure to state a claim, limiting Plaintiff's damages as to each Defendant unless Plaintiff amends its complaint to allege facts lacking in its original complaint. Id. at 7.
Plaintiff alleged that Defendants had directly infringed, contributorily infringed, and actively induced infringement of its patent disclosing a remotely-controlled electronic display system. Id. at 2-3. Defendants argued that Plaintiff had failed to satisfy the pleading requirements for indirect infringement because, inter alia, Plaintiff failed to allege facts sufficient to establish Defendants' knowledge and intent to indirectly infringe. Id. at 4. The court agreed, finding that Plantiff's pleading "resorts to a mere recitation of the elements for indirect infringement, which is insufficient." Id. at 7 (quoting Xpoint Techs. v. Microsoft Corp., 730 F. Supp. 2d 349, 357 (D. Del. 2010)).
Judge Robinson noted that, because Defendants "will be deemed to have knowledge of [Plaintiff's] patent as of the date the complaint was filed," and because "the only consequence (I believe) of this decision is limiting plaintiff's damages to the period dating from a defendant's first knowledge of [Plaintiff's] patent, the court will so limit plaintiff's damages as to each defendant unless plaintiff chooses to amend its complaint to allege sufficient facts as to an individual defendant's knowledge." Id. at 7.