LaserDynamics USA, LLC v. Arvato Systems North America, Inc. et al
| LaserDynamics USA, LLC |
| Arvato Systems North America, Inc. and Arvato Digital Services, LLC |
| 1:2015cv03822 |
| May 18, 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
24
OPINION re: 8 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 Arvato Digital Services, LLC, Arvato Systems North America, Inc., 16 MOTION to Dismiss the First Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), filed by Arvato Digital Services, LLC, Arvato Entertainment LLC, Arvato Systems North America, 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 methods other than DVD-9 discs, claims of willfulness, and claims of induced infringement are all dismissed. Plaintiff's dire ct infringement claims as to DVD-9 discs survive. In both cases, Defendants filed motions to dismiss the original Complaints on 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). Plaintiffs 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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