Pragmatus Telecom LLC v Advance Store Company Incorporated, et al.

Filing 40

MEMORANDUM ORDER granting 15 MOTION to Dismiss Based upon [Renewed Motion to Dismiss Plaintiff Pragmatus Telecom, LLC's Indirect Infringement Claims]. The claims of indirect infringement are DISMISSED WITHOUT PREJUDICE. Plaintiff is granted LEAVE TO AMEND its complaint no later than July 20, 2012 (See order for further details). Signed by Judge Richard G. Andrews on 7/5/2012. (ksr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PRAGMATUS TELECOM, LLC,
Plaintiff,
Civil Action No. 12-88-RGA

v.
ADVANCED STORES COMPANY, et al.,
Defendants.

MEMORANDUM ORDER

Before the Court is a motion to dismiss for failure to state a claim. (D.I. 15). The
motion seeks dismissal of all claims of indirect infringement. The matter is fully briefed. For
the reasons stated in a Memorandum Order issued this day in Pragmatus Telecom, LLC v. Ford
Motor Co., No. 12-92-RGA, IT IS HEREBY ORDERED this

~y of July 2012, that:

1. The Defendants' Motion to Dismiss is GRANTED. The claims of indirect

infringement are DISMISSED WITHOUT PREJUDICE. While it is true that the Plaintiff has
previously amended its complaint, this would be the first time in response to a court order.
Thus, the Plaintiff is granted LEAVE TO AMEND its complaint no later than July 20, 2012.