LaserDynamics USA, LLC v. Cinram Group Inc.
LaserDynamics USA, LLC |
Cinram Group Inc. |
7:2015cv01629 |
March 5, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
Rockland |
Robert W. Sweet |
Patent |
35 U.S.C. ยง 271 |
Plaintiff |
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Filing 22 OPINION re: 4 MOTION to Dismiss the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), or in the Alternative. MOTION for More Definite Statement , filed by Cinram Group Inc., 12 MOTION to Dismiss the First Amended Compla int Pursuant to Fed.R.Civ.P. 12(b)(6), filed by Cinram Group Inc. For the reasons set forth above, Defendants motions to dismiss the FACs against them are both granted, and Plaintiff's claims as to direct infringement by products or method s other than DVD-9 discs, claims of willfulness, and claims of induced infringement are all dismissed. Plaintiff's direct infringement claims as to DVD-9 discs survive. In both cases, Defendants filed motions to dismiss the original Complaints o n July 14, 2015. Mot. to Dismiss Compl., LaserDynamics USA, LLC v. Cinram Grqup Inc., No. 15-cv-1629 (S.D.N.Y. July 14, 2015); Mot. to Dismiss Compl., LaserDynamics USA, LLC v. Arvato Systems N. Am., No. 15-cv-3822 (S.D.N.Y. July 14, 2015). Plaintiff s filed First Amended Complaints on July 31, 2015, before the motions could be heard. See Cinram FAC; Arvato FAC. Plaintiff was on notice as to the deficiency of their pleadings. Therefore, the aforementioned claims in Plaintiff's First Amended Complaints are dismissed with prejudice. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 10/18/2015) (spo) |
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Plaintiff: LaserDynamics USA, LLC | |
Represented By: | Dmitriy A. Kheyfits |
Represented By: | Michael James Maloney |
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Defendant: Cinram Group Inc. | |
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