Pending before the Court is Defendants' Motion to Dismiss. (D.l. 9) For the reasons setforth below, the Court will deny Defendants' motion.
December 30, 2011, St. Clair Intellectual Property Consultants, Inc. ("St. Clair" or"Plaintiff') filed a complaint against Samsung Electronics USA, Inc. ("SE USA").
See St. ClairIntellectual Property Consultants, Inc.
No. 11-1306 (D. Del.Dec. 30, 2011) [hereinafter
St. Clair alleged that SE USA willfullyinfringed six
St. Clair's patents: U.S. Patent Nos. 5,710,929; 5,758,175; 5,892,959; 6,079,025;5,630,163; and 5,822,610, by selling and distributing smartphones, tablets, and netbooks that usethe Android operating system.
St. Clair voluntarily dismissed
pursuant to Federal Rule
Civil Procedure 4l(a)(1)(A)(i).
Notice ofDismissal, No.11-1306 (D. Del. Jan. 20, 2012).That same day, St. Clair filed a complaint against Samsung Electronics America, Inc.("SEA") and Samsung Telecommunications America, LLC ("STA").
Clair IntellectualProperty Consultants, Inc.
Samsung Electronics America, Inc.,
No. 12-58 (D. Del. Jan. 20,2012) [hereinafter
St. Clair alleged that SEA and STA willfully infringed the samepatents identified in
selling and distributing the same smartphones, tablets, andnetbooks that use the Android operating system.
January 23, 2012, St. Clair dismissed
pursuant to Rule 41(a)(l)(A)(i).
Dismissal, No. 12-58 (D. Del. Jan. 23,2012).That same day, St. Clair filed the present suit against Samsung Electronics Co. Ltd.