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Judge Robinson grants in part motion to dismiss

In a recent decision, Judge Sue L. Robinson granted in part a defendant’s motion to dismiss claims relating to a “method of supplying in-room beverage service to a lodging establishment” using “a novel single-use, disposable brew basket for an electric coffee maker.”  Courtesy Prods., L.L.C. v. Hamilton Beach Brands, Inc., Civ. No. 13-2012-SLR (D. Del. Nov. 5, 2014).  The Court dismissed the plaintiff’s claim for direct infringement of an asserted method claim, finding that the plaintiff failed to allege that the defendant performed all steps of the method claim – i.e. that it “supplies its ‘system’ to lodging establishments or provided any factual information regarding the performance of the last three steps of the claim,”  which related to supplying individual hotel rooms with disposable brew baskets and filter packs.  The Court also dismissed the willful infringement claim, finding that the plaintiff  “offered no factual information to establish ‘awareness’ or ‘full knowledge’ of the patents-in-suit, sufficient to evidence pre-suit knowledge of the patents-in-suit.  Moreover, the complaint contains no facts establishing ‘objective recklessness of the infringement risk.’”  Id. at 10 (quoting Intellectual Ventures I LLC v. Toshiba Corp., 2014 WL 4365235 (D. Del. Sept. 3, 2014)).

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