HSM Portfolio LLC, et al. v. Fujitsu Limited, et al., Civil Action No. 11-770-RGA, July 3, 2012.
Andrews, J. Motions to dismiss indirect infringement claims are granted. Motions to dismiss willfulness claims are granted. Motions to dismiss direct infringement claims are denied.
Defendants moved to dismiss plaintiff’s respective claims for direct and indirect infringement and for willfulness. Plaintiff pled direct infringement as required by Form 18 of the Federal Rules of Civil Procedure. Plaintiff did not properly plead indirect infringement and willfulness. There are no allegations of direct infringement accompanying the allegations of indirect infringement and no allegation that the respective defendants knew about the patent-in-suit. Plaintiff did not properly plead willfulness, as there were no factual allegations in support. Plaintiff is granted leave to amend its complaint.