In Bradium Technologies LLC v. Microsoft Corporation, C.A. No. 15-31-RGA (D. Del. Feb. 2, 2016), Judge Richard G. Andrews granted-in-part Defendant’s motion to dismiss pre- and post-suit indirect infringement claims and willfulness claims. The Court granted the motion as to pre-suit induced and contributory infringement, but denied it as to infringement from the date of the complaint, explaining that the complaint’s allegations of pre-suit knowledge were conclusory. Id. at 1 n.1. For example, meetings that took place prior to the issuance o the patents-in-suit, “[h]aving one of the asserted patents cited by the patent examiner on an issued Microsoft patent,” and “vague licensing letters” were insufficient to show pre-suit knowledge Id.
The Court also granted the motion as to willfulness. Id. at 2.