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Magistrate Judge Burke recommends granting defendant group’s motion to dismiss for failure to make defendant-specific allegations of infringement

Magistrate Judge Christopher J. Burke recently recommended that a motion to dismiss filed by Toshiba entities be granted because the complaint against them failed to distinguish between the entities and thereby failed to plausibly allege direct infringement against any one of them.  North Star Innovations, Inc. v. Toshiba Corp., et al., C.A. 16-115-LPS-CJB (D. Del. Dec. 6, 2016).  As Judge Burke explained, “nowhere in any part of the [complaint] is it clearly alleged that either Defendant takes part in any specific infringing act–instead, it is vaguely alleged that they may commit one ‘or’ another ‘or’ some ‘or’ all of the relevant possible acts that would amount to direct infringement.” (emphasis in original).  Judge Burke added, “[t]his leaves the reader confused about which, if any, of these acts are actually being attributed to each Defendant.  And if the Court wished to assure itself that there is a plausible claim that each Defendant has committed at least one such wrongful act in the United States . . ., it could not do so, since there are no other factual allegations about the nature of Defendants’ business, nor their activities in the United States.” (emphasis in original).

North Star Innovations, Inc. v. Toshiba Corp., et al., C.A. No. 16-115-LPS-CJB (D. Del. Dec. 6, 2016)

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