Civil Procedure 12(b)(6). (D.I. 18; Civil Action No. 12-1513-LPS-CJB, D.I. 17; Civil Action No. 12-1519-LPS-CJB, D.I. 17)
For the reasons that follow, the Court recommends that Defendants' motions be GRANTED-IN-PART AND DENIED-IN-PART.
Plaintiff commenced these actions on November 21, 2012, alleging that Defendants infringed certain claims
its patents, U.S. Patent No. 6,307,576 ( the '576 patent ) and 6,611,278 ( the '278 patent ). (D.I. 1) Before Defendants answered, Plaintiffs filed a First Amended Complaint in all three actions, and in the
action, thereafter filed a Second Amended Complaint. (D.I. 4, 16; Civil Action No. 12-1513-LPS-CJB, D.l. 15; Civil Action No. 12-1519-LPS-CJB, D .I. 15)
the complaints at issue here, Plaintiff alleges direct infringement (pursuant to 35 U.S.C.
271(a) and 271(g)), induced infringement, and willful infringement
Unless otherwise noted, the allegations in the respective pleadings at issue are identical, save for changes to the name
the accused party. As a result, the opening and reply briefs
the three Defendants here are, in essence, identical as to the claims relating to that party, and Plaintiff filed the same answering
in all three cases. For these reasons, the Court addresses all three motions together in this Report and Recommendation. To avoid redundancy, representative citations in this Report and Recommendation will
to the docket and the complaint-at-issue in the
matter, unless otherwise noted.
the Second Amended Complaint appears to have been in violation
Civil Procedure 15(a), as it was filed without consent
the opposing party or leave
court. (D.I. 19 at
However, because the Defendant focuses its challenge on the factual sufficiency
that complaint, and because the Court cannot discern prejudice to the Defendant in doing so, the Court will permit the filing
the Second Amended Complaint in that action, and will go on to address the sufficiency
its allegations pursuant to Rule 12(b)(6).
2271865, at *2 (E.D. Pa. Sept. 15, 2005);
Authorized Distribution Network Inc.
Civ. A. No. 91-5335, 1992
(E.D. Pa. Sept. 21, 1992).