Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

The defendant holding company claims it cannot infringe the patent-in-suit because it does not make, use, offer to sell, or import the accused products into the United States.  Plaintiff argues the motion should be treated as a summary judgment motion because of an attached declaration, and that it should be given a reasonable opportunity to present all material pertinent to the motion.  It further points out that one can purchase the accused products directly from the moving defendant’s website.  The court finds this defendant’s general denial that a holding company cannot infringe insufficient.  At this stage of the proceedings, the court must take Plaintiff’s factual allegations as true.