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Judge Thynge recommends Court grant-in-part motion to dismiss for failure to state a claim

 Chief Magistrate Judge Mary Pat Thynge recently considered defendants motion to dismiss Nexeon Limited’s amended complaint alleging direct and indirect infringement of the patents-in-suit. Nexeon Limited v. EaglePicher Technologies, LLC, et al., No. 15-955-RGA-MPT (D. Del. Jul. 26, 2016).  Defendants previously moved to dismiss Nexeon’s original complaint prompting Nexeon to file a first amended complaint.  Id. at 1.  Defendants again moved to dismiss arguing that the amended complaint still fails to adequately state of claim for direct and indirect infringement.  Regarding direct infringement, Judge Thynge noted that the complaint was filed prior to the amendment to the Federal Rules and the court “has discretion whether to apply the post-December 1, 2015 direct infringement pleading standard to the amended complaint.”  Id. at 9.  Judge Thynge decided that, in this case, Form 18 should be used to analyze the sufficiency of Nexeon’s amended complaint; and concluded that the requirements of Form 18 were met.  Id. at 9-11.  Regarding indirect infringement, Judge Thynge determined that Nexeon adequately pled inducement finding facts in the complaint alleging “specific intent for its customers to infringe and knowledge that the acts constituted infringement.”  Id. at 12-14.  Judge Thynge determined, however, that defendants’ motion should be granted with respect to Nexeon’s allegations of contributory infringement because Nexeon failed to plead that there are no substantial non-infringing uses.  Id. at 14-15.

Nexeon Limited v. EaglePicher Technologies, LLC, No. 15-955-RGA-MPT

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