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Judge Joseph J. Farnan, Jr.: Pleading a Copyright Infringement Action

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Plaintiff filed a motion to dismiss a copyright infringement action over audio compression technology. Vianix LLC v. Nuance Communications, Inc., C.A. No. 09-348-JJF, Memo. Op. (D. Del. July 20, 2010). Defendant argued that plaintiff failed to state a claim upon which relief can be granted because plaintiff “has not identified the specific original works” that form the basis of their claims and because it has not “identified specific acts” that are actionable as infringement. Id. at 3. The court found that plaintiff’s complaint “sufficiently pleads which specific original works are the subject of its copyright claims” because it identifies the accused works as “four computer programs, in the form of source code, embodying the MASC Technology” and lists the four copyright registrations, in addition to alleging that plaintiff provided a number of the accused works to the defendant in “object code” and that there were seven specific products since 2005 that incorporate the accused works. Id. at 7-8. The court further found that plaintiff alleged specific acts of infringement when it alleged that defendant’s “making and storing [] ‘archived copies of its own products, including versions that contain Vianix’ including the Subject Works” were acts of infringement. Id. at 9.

Vianix LLC v. Nuance Communications, Inc., C.A. No. 09-348-JJF, Memo. Op. (D. Del. July 20, 2010).

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