By Memorandum Opinion entered by The Honorable Sue L. Robinson on November 9, 2010, the Court denied the Skype defendants motion to dismiss plaintiffs’ amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Upon analyzing the amended complaint, the Court found that the amended complaint “contains sufficient factual matter, under Igbal, to state a claim to relief that is plausible on its face. Id. at 6. The Court noted that, “[w]hile the amended complaint is neither succinct nor representative of artful drafting, the court concludes that plaintiffs have now met the minimum requirements under Rule 8.” Id.

A complete copy of the Memorandum Opinion is attached.

In its analysis, the Court also noted that the Twombly pleading standard is met by the sample complaint for patent infringement set forth by the Federal Rules of Civil Procedure Form 18 (2006). In other words, only the following is required: (1) an allegation of jurisdiction; (2) a statement that the plaintiff owns the patent; (3) a statement that defendant has been infringing the patent by making, selling, and using [the device] embodying the patent; (4) a statement that the plaintiff has given the defendant notice of its infringement; and (5) a demand for an injunction and damages. Id. at 4 (quoting McZeal v. Sprint Nextel Corp., 501 F.3d 1354, 1356-57 (Fed. Cir. 2007). The Court ultimately concluded that the amended complaint in this action met all of the foregoing requirements. Id. at 4-6.

In reaching its conclusion, the Court refused to consider an affidavit that defendants’ submitted with their brief stating that the Skype voicemail server farms are located only in Luxembourg, Ireland and the Netherlands. The Court found that the affidavit does not fall within the narrow category of documents properly considered in evaluating a motion to dismiss under Rule 12(b)(6). Id. at 6-7. The Court also refused to convert the motion to dismiss into a motion for summary judgment in order to consider defendants’ affidavit because there had been no opportunity for reasonable opportunity for discovery by either party. Id.