Real Time Social Inventions LLC v. Facebook Inc.

Filing 19

MEMORANDUM ORDER Denying 9 MOTION to Dismiss, filed by Facebook Inc.. Signed by Judge Richard G. Andrews on 6/29/2012. (nms)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE REAL TIME SOCIAL INVENTIONS LLC, Plaintiff, v. Civil Action No. 12-185-RGA FACEBOOK, INC., Defendant. MEMORANDUM ORDER Before the Court is a motion to dismiss for failure to state a claim. (D.I. 9). Plaintiffs complaint raises only a claim of direct infringement of one patent. The patent is entitled, "Multi-User On-Line Real-Time Virtual Social Networks Based upon Communities of Interest for Entertainment, Information orE-Commerce Purposes." The independent claims are method (claims 1 & 17) and apparatus (22). The allegations are sparse. No more is required. See In re Bill ofLading Transmission and Processing System Patent Litigation, 2012 WL 2044605, *7 (Fed. Cir. June 7, 2012) ("whether [a complaint] adequately pleads direct infringement is to be measured by the specificity required by Form 18."). 1 The defendant notes that early claim construction might flesh out whether there is any merit to this lawsuit. (D.I. 15, p.9, n.3). The Court will consider any such proposal at a Rule 16 1 The Federal Circuit further comments, "It will not always be true that a complaint which contains just enough information to satisfy a governing form will be sufficient under Twombly .... " !d. at *7 n.6. Given the citations that follow in the footnote, I do not believe this is meant to be some sort of limitation on the holding in the text. l ' t I conference, after the defendant answers the Complaint I Thus, the Motion to Dismiss (D.I. 9) is DENIED. l ~ l t I i I I I I r .! t

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