Copyright suit survives dismissal motion
Vianix LLC v. Nuance Communications, Inc., C. A. No.09-348-JJF, July 20, 2010.
Farnan, J. Defendant’s motion to dismiss is denied.
The parties' dispute stems from a Technology License Agreement entered into by Dictaphone Corporation and Vianix Delaware LLC, which concerned the licensing of Plaintiff's Managed Audio Sound Compression Technology. Plaintiff first filed in Chancery Court, and after terminating the license filed in the District Court. The court finds that plaintiff has sufficiently pled the works in dispute and the acts that are alleged to infringe. The court cannot determine on the current record whether the defendant has a valid license to perform the accused acts. Therefore, the motion to dismiss is denied.
