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Online News Link LLC v. Wayfair LLC, C.A. No. 13-1440-RGA (D. Del. Feb. 21, 2014).

Online News Link LLC v. Wayfair LLC, C.A. No. 13-1440-RGA (D. Del. Feb. 21, 2014).

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Published by YCSTBlog
motion to dismiss denied
motion to dismiss denied

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Published by: YCSTBlog on Mar 08, 2014
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01/11/2015

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
Online News
ink
LLC
Plaintiff,
V.
Civil Action No. 13-1440-RGA
Wayfair LLC
Defendant.
MEMORANDUM ORDER
Before the Court is Defendant Wayfair LLC s Motion to Dismiss
Plaintiffs
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
12
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
of
what is alleged to infringe. (D.I.
25
at 4).
1
In order to state a claim in the patent context, the complaint must contain:
(1)
an allegation
of
urisdiction; (2) a statement that the plaintiff owns the patent; (3) a statement that defendant has been infringing the patent
by
making, selling, and using [the device] embodying the patent ; (4) a statement that the plaintiffhas
1
Plaintiff argues that because Defendant answered the original complaint, it cannot now argue that there was a lack
of
notice. While this argument appears to be logical, I need not reach it.
1

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