CTP Innovations LLC v. Versa Press Inc.

Filing 24

MEMORANDUM AND ORDER in case 1:14-md-02581-MJG in case 1:15-cv-02682-MJG; granting (235) Motion to Dismiss in case 1:14-md-02581-MJG; granting (14) Motion to Dismiss in case 1:15-cv-02682-MJG. Signed by Judge Marvin J. Garbis on 11/30/2015. Associated Cases: 1:14-md-02581-MJG, 1:15-cv-02682-MJG(bmhs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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IN RE: CTP INNOVATIONS, LLC,
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PATENT LITIGATION
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________________________________)

MDL No. 14-MD-2581

CTP INNOVATIONS, LLC v.
VERSA PRESS, INC.
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15-cv-2682-MJG
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MEMORANDUM & ORDER RE: MOTION TO DISMISS

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The Court has before it Defendant Versa Press, Inc.’s
Motion to Dismiss Willful Infringement Claim and Supporting
Memorandum [ECF No. 235] and the materials submitted relating
thereto.

The Court finds no need for a hearing to resolve the

pending motion.
By the instant motion, Defendant seeks the dismissal of
Plaintiff’s willful infringement claim on the basis that the
allegations in the Complaint are insufficient under Fed. R. Civ.
P. 12(b)(6).
Plaintiff’s allegations of willful infringement are
essentially equivalent to those presented in cases included in
this multi-district proceeding. In the Memorandum & Order Re:
Motion to Dismiss, ECF No. 233, the Court addressed essentially
identical motions in eleven of these cases.

The Court therein

denied dismissal of the direct infringement claim, dismissed the
willfulness claim without prejudice to the right to seek to file

an amended complaint, and denied dismissal on § 101 grounds
without prejudice to the right of defendants to renew the
motion.

The Court finds no reason to treat the instant motion

differently from those resolved by the Memorandum & Order Re:
Motion to Dismiss [ECF No. 233].
Accordingly, for the reasons as stated in the Court’s prior
decisions:
1.

Defendant Versa Press, Inc.’s Motion to Dismiss
Willful Infringement Claim [ECF No. 235] is
GRANTED.
a. Plaintiff’s willfulness claims are dismissed
without prejudice to the right to seek leave to
amend the complaint to add a willfulness claim.

2.

Defendant may defer filing an Answer to the
Complaint until required by further Order.1

3.

The parties shall proceed pursuant to the Letter
Order of October 28, 2015 regarding the case
planning conference.

SO ORDERED, on Monday, November 30, 2015.

/s/__________
Marvin J. Garbis
United States District Judge

1

See Order Re: Deadline Extension [ECF No. 265].

2