America's Collectibles Network, Inc. v. The Jewelry Channel, Inc. USA

Filing 44

MEMORANDUM OPINION AND ORDER. The Defendant's 10 Motion to Dismiss or for a more definite statement is DENIED as moot. Signed by District Judge Pamela L Reeves on 9/23/14. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

America’s Collectibles Network, Inc.
Plaintiff,
v.
The Jewelry Channel, Inc. USA
d/b/a Liquidation Channel,
Defendant.

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No.: 3:13-CV-334-PLR-HBG

Memorandum Opinion and Order
In this patent infringement case, the defendant moved on October 22, 2013 to
dismiss the plaintiff’s complaint for failure to state a claim under Federal Rule of Civil
Procedure 12(b)(6), or, in the alternative, for a more definite statement under Federal
Rule of Civil Procedure 12(e). [R. 10]. The defendant argues that the allegations in the
complaint are insufficient to support a claim for direct patent infringement, induced
infringement, contributory infringement, or willful infringement.
On November 12, 2013, the plaintiff filed an amended complaint under Federal
Rule of Civil Procedure 15(a)(1)(B). [R. 18]. The amended complaint removes the
allegations of induced infringement and contributory infringement, and provides more
specific detail with respect to the direct infringement and willful infringement claims.
Accordingly, the defendant’s motion to dismiss or for a more definite statement is
DENIED as moot.

It is so ORDERED.

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UNITED STATES DISTRICT JUDGE

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