Real Time Social Inventions LLC v. Rockmelt Inc.
MEMORANDUM ORDER Denying 9 MOTION to Dismiss, filed by Rockmelt Inc.. Signed by Judge Richard G. Andrews on 6/29/2012. (nms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
REAL TIME SOCIAL
Civil Action No. 12-188-RGA
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 or E-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 of Lading 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. 13, pp. 7-8). The Court will consider any such proposal at a Rule 16
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.
conference, after the defendant answers the Complaint
Thus, the Motion to Dismiss (D.I. 9) is DENIED.
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