IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
: :STRIKEFORCE TECHNOLOGIES, INC., : :Plaintiff, :v. :Civ. A. No. 13-490-RGA-MPT : PHONEFACTOR, INC., :and FIRST MIDWEST BANCORP, INC. : :Defendants, :
REPORT AND RECOMMENDATION (Amended)I. INTRODUCTION
On March 28, 2013, StrikeForce Technologies, Inc. (“StrikeForce”) brought thisaction against First Midwest Bancorp, Inc. (“FMBI”), and PhoneFactor, Inc.(“PhoneFactor”), alleging infringement of U.S. Patent No. 7,870,599, (the “‘599patent”).
Following an initial motion to dismiss, StrikeForce filed an amended complainton June 25, 2013.
Presently before the court is FMBI’s motion to dismiss the amendedcomplaint pursuant to F
12(b)(6) for failure to state a claim upon whichrelief can be granted.
Because StrikeForce has sufficiently pled only one of its claims,FMBI’s motion to dismiss should be denied in part and granted in part.
II. BACKGROUND A.Factual Allegations
StrikeForce is a corporation incorporated in the state of Wyoming, with its
D.I. 1. A third defendant was dismissed.