IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
Civil Action No. 13-1440-RGA
Before the Court is Defendant Wayfair LLC s Motion to Dismiss
Amended Complaint for Failure to State a Claim. (D.I. 24) and related briefing (D.I. 25, 35, 36). In a related case, this Court dismissed Plaintiffs original complaint for failure to state a claim because the allegations were conclusory and did not provide adequate notice as to what activity allegedly infringed. (No. 13-1438 D.I. 19). The Court granted leave to amend, and Plaintiff amended the complaint. Recognizing that the same arguments might be brought up in a Rule
c) motion, Plaintiff also amended the complaint in this case. After answering the original complaint, Defendant now argues that the amended complaint fails to state a claim because it does not give fair notice
what is alleged to infringe. (D.I.
In order to state a claim in the patent context, the complaint must contain:
urisdiction; (2) a statement that the plaintiff owns the patent; (3) a statement that defendant has been infringing the patent
making, selling, and using [the device] embodying the patent ; (4) a statement that the plaintiffhas
Plaintiff argues that because Defendant answered the original complaint, it cannot now argue that there was a lack
notice. While this argument appears to be logical, I need not reach it.