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Judge Andrews grants motion to dismiss indirect infringement claims

In a recent Order, Judge Richard G. Andrews granted a defendant’s motion to dismiss three indirect infringement counts for failure to plausibly allege the existence of any direct infringers.  Acceleration Bay LLC v. Activision Blizzard Inc., C.A. No. 15-228-RGA (D. Del. June 22, 2015).  As Judge Andrews explained, “[t]he allegations of direct infringement in the indirect infringement accounts seem designed to obscure what Plaintiff’s theory is rather than to elucidate it.”  The Court rejected the argument that the counts should be dismissed, alternatively, for failure to plausibly allege knowledge, explaining that this “seems much ado about nothing” since “were this Defendant’s only argument, all it would result in would be a limitation of the scope of the indirect infringement counts.”  The dismissal was without prejudice.

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