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Judge Andrews grants in part motion to dismiss, encourages parties to resolve dispute.

Judge Richard G. Andrews recently granted in part a motion to dismiss, finding that the complaint’s allegations of contributory infringement, joint infringement, willful infringement and indirect infringement were insufficient under Fed. R. Civ. P. 12(b)(6). MIH International LLC v. Banyan Health Care Products Inc., C.A. No. 13-1330-RGA (D. Del. May 28, 2014). The Court denied the motion to dismiss direct infringement claims on the basis that the complaint complied with Form 18, but encouraged the parties to work together to narrow their dispute, and to exchange documents that might help lead to a quick resolution of the dispute since, the Court inferred, the damages at stake were very low and based on only 6 months of infringement. Based on the low damages at stake, Judge Andrews expressly invited the parties to request early mediation if it would be helpful. Id. n. 1, 2.

MIH International LLC v. Banyan Health Care Products Inc., C.A. No. 13-1330-RGA (D. Del. May 28, 2014).

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