By Memorandum Order entered by The Honorable Sue L. Robinson in Technology Innovations, LLC v. Amazon.com, Inc., Civil Action No. 11-690-SLR (D.Del., April 25, 2012), the Court denied the motion of defendant Amazon.com, Inc. (“Amazon”) to dismiss the complaint filed by plaintiff Technology Innovations, LLC (“Plaintiff”) for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Amazon asserted in support of its motion that there in no possible construction for “book” that would cover a Kindle and, thus, claim construction was not necessary and Plaintiff’s complaint failed to state a claim of infringement. Id. at 2-3. In denying the motion, the Court concluded that Plaintiff’s complaint did plead adequate notice of direct infringement required by Form 18 and it would be premature to dismiss the complaint prior to claim construction. Id. at 4. The Court indicated that it was not prepared to engage in claim construction, construing the terms “book” and “printed information” of United States Patent No. 5,517,407 (“the ‘407 patent”), at this early stage of the proceedings and without discovery or motion practice. Id.
A complete copy of the Memorandum Order is attached.