Plaintiff's motion to dismiss infringement counterclaims is denied
Ricoh Company Ltd., et al., v. Oki Data Corporation, et al., Civ. No.09-694-SLR, September 30, 2010.
Robinson, J. Plaintiff’s motion to dismiss defendant’s counterclaims of infringement is denied.
Plaintiff filed this infringement action and defendant responded by, among other things, asserting counterclaims of infringement of defendant’s patents-in-suit. Plaintiff seeks to dismiss the counterclaims and asks the court to take judicial notice of certain documents which it alleges is all that is needed to dismiss the claims. Specifically plaintiff urges the court to take judicial notice of the contents of the license translation and notice letter translation, interpret their contents as giving plaintiff a license to the defendant’s patents, disregard the confirmation translation as being parol evidence, and dismiss the counterclaims pursuant to Rule 12(b}{6) based on plaintiff’s affirmative license defense. Plaintiff’s motion fails on numerous counts including that the license and notice letter “do not come close” to meeting the standard of F.RE. 201 (b) as they are neither generally known within the territorial jurisdiction of the trial court nor capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
