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Judge Sleet denies motion to dismiss induced, contributory, and willful infringement claims

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In a recent order, Chief Judge Gregory M. Sleet denied defendants’ motion to dismiss plaintiff’s claims for induced, contributory, and willful infringement for failure to state a claim. Lifescreen Sciences LLC v. C.R. Bard, Inc., C.A. No. 13-129-GMS (D. Del. May 22, 2014). Specifically, Judge Sleet found that plaintiff’s complaint sufficiently pleads induced and contributory infringement, alleging that defendants provide “its Meridian® Vena Cava filter – which is not a staple of commerce that is suitable for substantial non-infringing use – along with promotional and instructional materials to its customers and end-users.” Judge Sleet further explained that plaintiff alleges that defendants’ end-users themselves directly infringe by, inter alia, “using the infringing medical devices.” Further, while Judge Sleet noted that defendants had knowledge of the patents-in-suit at least upon service of the Complaint, plaintiff also alleges that defendants had knowledge prior to the filing on the complaint based on “citation to [the] patents-in-suit as prior art during the prosecution of its own patents in the same field of technology.” Judge Sleet thus concluded that the complaint sufficiently pleads willful infringement, given defendants continued infringing activity despite knowledge and notice of the patents-in-suit. Id. at 2 & n.1

Lifescreen Sciences LLC v. C.R. Bard, Inc., C.A. No. 13-129-GMS (D. Del. May 22, 2014).

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