TQ Delta LLC v. DISH Network Corporation et al

Filing 21

MEMORANDUM ORDER Denying 9 MOTION to Dismiss, filed by DISH Network LLC, DISH Network Corporation, DISH DBS Corporation. Signed by Judge Richard G. Andrews on 11/6/2015. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

TQ DELTA LLC,
Plaintiff,
Civil Action No. 15-614-RGA

v.
DISH NETWORK CORPORATION, et al., :
Defendants.

MEMORANDUM ORDER

Defendants filed a motion to dismiss. (D.I. 9). It has been fully briefed. (D.I. 10, 13,
19). The only issue that remains is whether Plaintiff has adequately pled post-suit contributory
infringement. (D.I. 13, p. 3; D.I. 19, p.1, n.1). It is not clear to me why resolving this issue will
in any way alte_r the way this case develops. Plaintiff will be going forward with post-suit
induced infringement, and would have an opportunity to amend the complaint for some period of
time even if I were to dismiss the allegations.
That being said, as I understand the allegations, the accused products are all devices and
services that include or use the allegedly infringing coaxial cables. It seems to me plausible that
the coaxial cables have been sufficiently alleged to have no substantial non-infringing use, and to
be a material part of the claimed invention. Thus, the motion to dismiss (D.I. 9) post-suit
contributory infringement is DENIED.
IT IS SO ORDERED this

hday of November 2015.

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l1itedState;
istrict Judge