Judge Connolly has previously denied a motion to dismiss direct infringement claims where the plaintiff at least recited the claim elements and accused a product of meeting them. Last week, though, he granted a motion to dismiss where the plaintiff did not even go that far.
Even though the patent included only method claims, plaintiff accused only products of infringing, without identifying any accused process or alleging how it is performed by those products.
Even as to those products, plaintiff contradicted itself, identifying smartphones as accused, but also discussing servers, software, and "other devices and technology." Judge Connolly called these allegations "confusing and contradictory."
Judge Connolly did grant leave to amend, and gave them a month to fix their claims.
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