Red Bend Software, Inc. et al v. Google

Filing 23

Interim MOTION to Dismiss Plaintiffs' Indirect Infringement Claims by Google Inc.. (Attachments: # 1 Text of Proposed Order Granting Defendant Google Inc.'s Motion to Dismiss Plaintiffs' Indirect Infringement Claim)(Manning, Susan)

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Red Bend Software, Inc. et al v. Google Doc. 23 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RED BEND LTD. and RED BEND SOFTWARE INC., Plaintiffs, v. GOOGLE INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 09-cv-11813 DEFENDANT GOOGLE INC.'S MOTION TO DISMISS PLAINTIFFS' INDIRECT INFRINGEMENT CLAIMS Defendant Google Inc., by its undersigned attorneys, hereby moves for dismissal of Plaintiffs Red Bend Ltd. and Red Bend Software, Inc.'s claims of contributory patent infringement and inducing patent infringement. This Motion is made pursuant to Fed. R. Civ. P. 12(b)(6) on the ground that the Amended Complaint fails to state claims for indirect infringement upon which relief can be granted. Accompanying this Motion is a Memorandum of points and authorities, which sets forth the facts and authorities in support of the Motion. A/73229052.1 MEET AND CONFER Pursuant to Local Rule 7.1(a)(2), a teleconference was held on December 1, 2009, between counsel for the plaintiff and counsel for the defendant, in an attempt to resolve or narrow the issue. An agreement could not be reached. REQUEST FOR ORAL ARGUMENT Pursuant to Local Rule 7.1(d), Google requests oral argument on this Motion to Dismiss. Dated: December 1, 2009 Respectfully Submitted, Google Inc., By its attorneys, /s/ Susan Baker Manning Jonathan M. Albano, BBO #013850 BINGHAM McCUTCHEN LLP One Federal Street Boston, MA 02110-1726, U.S.A. 617.951.8000 William F. Abrams BINGHAM McCUTCHEN LLP 1900 University Avenue East Palo Alto, CA 94303-2223 Robert C. Bertin Susan Baker Manning BINGHAM MCCUTCHEN LLP 2020 K Street, NW Washington, DC 20006-1806 202.373.6000 2 A/73229052.1 CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on December 1, 2009. /s/ Susan Baker Manning 3 A/73229052.1

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