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Judge Andrews dismisses Black Hills Media LLC’s indirect infringement and willfulness

Judge Richard G. Andrews recently considered defendant Yamaha Corp. of America’s motion to dismiss Black Hills Media LLC’s amended complaint for failure to state a claim of patent infringement. Black Hills Media LLC v. Yamaha Corp. of America, C.A. No. 12-635-RGA (D. Del. July 12, 2013). Judge Andrews denied Yamaha’s motion as to the claims of direct infringement because the claims complied with the Federal Rules of Civil Procedure’s Form 18. Id. at 1. Yamaha argued, among other things, that plaintiff had to “state that by its complaint, it [was] giving notice of direct infringement.” Id. Judge Andrews noted, however, that there was no support that dismissal would be proper simply for failing to state that the plaintiff was giving notice by filing the complaint. Id. Doing so “would be exalting form over substance[.]” Id. at 1-2. Judge Andrews did, however, dismiss without prejudice plaintiff’s indirect and willful infringement claims. Id. at 2. Among other things, plaintiff failed to allege facts that would make “the claim of prior knowledge of the patents plausible[.]” Id. at 1-2.

Black Hills Media LLC v. Yamaha Corp. of America, C.A. No. 12-635-RGA (D. Del. July 12, 2013)

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