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.
 

Continue Reading Judge Robinson Denies Defendants’ Motion to Dismiss Amended Complaint

In a ruling entered on February 24, 2010 in Eidos Communications, LLC v. Skype Technologies SA, Civil Action No. 09-234 (D.Del.), The Honorable Sue L. Robinson granted the motion of defendants, Skype Technologies, SA and Skype, Inc. ("Skype"), to dismiss plaintiffs’ patent infringement complaint for failure to state a claim or, in the alternative, motion for a more definite statement.  After analyzing the complaint, the Court concluded that plaintiffs’ complaint failed failed to meet the minimum pleading requirements of Federal Rule of Civil Procedure 8 and Twombly.  This case is informative on the minimum requirements necessary by plaintiffs in identifying products or methodologies in their patent infringement complaints.

Continue Reading JUDGE ROBINSON GRANTS SKYPE’S MOTION TO DISMISS PLAINTIFFS’ PATENT INFRINGEMENT COMPLAINT