Amended complaint is held sufficiently plead
Eidos Communications, LLC, et al. v. Skype Technologies SA, et al., Civ. No. 08-234-SLR, November 9, 2010.
Robinson, J. Defendants’ motion to dismiss or for a more definite statement is denied.
The court previously ordered plaintiffs to file an amended complaint. The amended complaint is the subject of this second motion to dismiss. The defendant challenges whether plaintiff has included a statement that the defendant has been infringing the patent “by making, selling, and using [the device] embodying the patent.” Plaintiff has removed the conditional language which led to the dismissal of the original complaint and specified “Skype’s Software version 3.8.0.188 and other versions” in the amended pleading. The court finds defendants’ argument that this pleading still provides no guidance on the scope of relevant discovery to be unpersuasive since only voice mail technologies are in dispute. The court finds under Iqbal that the complaint contains sufficient factual matter to state a claim for relief. Defendants’ argument that plaintiffs must allege that every step of any accused voice mail method is used by someone in the U.S. is rejected. The allegation that the action arises un § 271 is found to be sufficient. The court does not consider allegations in defendants’ affidavit stating that server “farms” are located outside the U.S. since they do not fall within the narrow category of documents properly considered on a motion to dismiss. Parties should resort to Rule 26 to 37 for more particular information rather than the more cumbersome Rule 12(e).
