Case 1:12-cv-01622-RGA Document 15 Filed 05/17/13 Page 1 of 2 PageID #: 88

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE INFINITE DATA LLC, Plaintiff, v. PAYPAL, INC., Defendant. Civil Action No. 12-1622-RGA

ORDER
~ This J1~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)" and that these products and services violate claim 5 of patent-in-suit by "operating according to the InfiniBand specification." The infringement is also described as occurring in the manner described in claim 5. It is true that extremely minimal allegations (combined with jurisdictional allegations 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. Time

Warner 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 the specificity 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 2 of 2 PageID #: 89

always be true that a complaint which contains just enough information to satisfy a governing form will be sufficient under Twombly ...." Id. at 1334 n.6. Were there only Bill ofLading, I would probably dismiss this Complaint. Nevertheless, as the Complaint sets forth what the patent claims, what sort of computer system is supposed to be practicing the patented method, and refers to the InfiniBand technology (which presumably means something to people in the field) to further give notice to the Defendant of how its products and services are practicing the patented method, I think the Plaintiffhas pled enough, albeit barely, to sustain the Complaint.
SeeK-Tech, 2013 WL 1668960, at *8.

United States

{lvbd~~ 1stnct Judge