Cyber Switching Patents, LLC v. Emerson

Filing 55

ORDER by Judge Hamilton granting 50 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 12/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CYBER SWITCHING PATENTS, LLC,
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Plaintiff,

No. C 14-2683 PJH

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v.
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ORDER GRANTING MOTION TO
DISMISS

AVOCENT HUNTSVILLE CORP., et al.,
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Defendants.
_______________________________/

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For the Northern District of California

United States District Court

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Defendants’ motion to dismiss came on for hearing before this court on December
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17, 2014. Plaintiff Cyber Switching Patents, LLC (“plaintiff”) appeared through its counsel,
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William Stewart and Dan Mount. Defendants Avocent Huntsville Corporation and Liebert
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Corporation (“defendants”) appeared through their counsel, Mindy Morton. Having read the
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papers filed in conjunction with the motion and carefully considered the arguments and the
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relevant legal authority, and good cause appearing, the court hereby GRANTS defendants’
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motion for the reasons stated at the hearing. Plaintiff’s claims for willful infringement and
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pre-filing indirect infringement are dismissed, and because plaintiff has not articulated any
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basis for granting leave to amend, no leave to amend will be granted.
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However, while defendants’ proposed order seeks a ruling that plaintiff’s claims be
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dismissed with prejudice, defendants did not adequately support that request in their
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motion. Thus, while plaintiff is not granted leave to amend the complaint at this time,
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plaintiff shall not be barred from seeking leave to amend the complaint at a later stage of
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the case.
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IT IS SO ORDERED.
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Dated: December 17, 2014
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______________________________
PHYLLIS J. HAMILTON
United States District Judge