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Infinite Data LLC v. PayPal, Inc., C.A. No. 12-1622-RGA (D. Del. May 17, 2013)

Infinite Data LLC v. PayPal, Inc., C.A. No. 12-1622-RGA (D. Del. May 17, 2013)

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Published by Alfred Reyes
D. Del.
D. Del.

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Published by: Alfred Reyes on May 24, 2013
Copyright:Attribution Non-commercial

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03/21/2014

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IN THE UNITED STATES DISTRICT
COURTFOR
THE DISTRICT OF DELAWAREINFINITE DATA LLC,Plaintiff,v.Civil Action No. 12-1622-RGAPAYPAL, INC.,Defendant.
ORDER
~
This
1~y
ofMay
2013, the Court having considered the motion to dismiss (D.I. 10)and related briefing (D.I. 11, 13, 14), IT
IS
HEREBY ORDERED that:
1.
The motion to dismiss (D.I. 10) is
DENIED.
2.
The Court understands the Complaint to allege that the Defendant makes, uses, sells,etc., "network products and/or services that use Remote Direct Memory Access (RDMA)" andthat these products and services violate claim 5
of
patent-in-suit by "operating according to theInfiniBand specification." The infringement is also described as occurring
in
the mannerdescribed in claim
5.
It
is true that extremely minimal allegations (combined with jurisdictionalallegations and an appropriate request for a remedy) are all that are required to satisfy Form
18
and to state a claim
of
direct infringement.
SeeK-Tech Telecommunications, Inc.
v.
TimeWarner Cable,
Inc.,_
F.3d
__
2013
WL
1668960 (Fed. Cir.
April18,
2013);
In re Bill
of
Lading Transmission and Processing System Patent Litigation,
681 F.3d 1323, 1334 (Fed. Cir.2012) ("whether [a complaint] adequately pleads direct infringement is to be measured by thespecificity required by Form 18."). The Federal Circuit has further commented, "It will not
Case 1:12-cv-01622-RGA Document 15 Filed 05/17/13 Page 1 of 2 PageID #: 88

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