• Austin Hansley

Recent Victories in Court

On September 16, 2019, in a campaign the Hansley Law Firm PLLC filed in the District of Delaware along with Delaware local counsel on behalf of Plaintiff, Inc. against Facebook, Microsoft, IBM, Limelight Networks, Ooyala, Trapelo and Snap (SnapChat), the District of Delaware denied all seven Defendant's motions which included motions to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and motions to dismiss pursuant to 35 U.S.C. 101 otherwise known as an "Alice" motion. The text of the order is copied below.

"Seven of the Defendants moved to dismiss the operative complaints under Federal Rule of Civil Procedure 12(b)(6), and those motions are now pending before the Court.2 (No. 19-292, D.I. 17; No. 19-293, D.I. 25; No. 19-295, D.I. 16; No. 19-296, D.I. 13; No. 19-297, D.I. 11; No. 19-534, D.I. 15; No. 19-535, D.I. 14.) All seven motions argue that CTN failed to plausibly allege direct and indirect infringement, but the arguments vary. Two of the motions—filed by Defendants Limelight and Trapelo—also argue that the ’696 patent is invalid as ineligible under 35 U.S.C. § 101.

For the reasons stated below, I recommend that the motions to dismiss filed by Limelight, Microsoft, Ooyala, and Trapelo be DENIED. I recommend that the motions to dismiss filed by Facebook, IBM, and Snap be GRANTED-IN-PART (with respect to CTN’s claims of pre-suit induced infringement) and DENIED-IN-PART (with respect to CTN’s other claims)." See Report and Recommendation.

Defendants were represented by the following law firms:

1. Facebook - Morris, Nichols, Arsht & Tunnell LLP, and Cooley LLP

2. Microsoft - Richards, Layton & Finger, PA

3. IBM - Kirkland & Ellis LLP, and Potter Anderson & Corroon LLP

4. Limelight Networks - Shaw Keller LLP, and Kwun Bhansali Lazarus LLP

5. Ooyala - Latham & Watkins LLP, and Morris, Nichols, Arsht & Tunnell LLP

6. Trapelo - Fish & Richardson PC

7. Snap - Morris, Nichols, Arsht & Tunnell LLP, and Cooley LLP

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