Accordingly, Defendant’s argument for withdrawal of infringement allegations is rejected.
Defendant next contends that its accused laptop computers cannot infringe the patents because
they do not include some of the limitations included in the patent claims. To address this argument
on the merits, the Court would have to engage in claim construction and infringement analysis, both
of which are premature at this stage of proceedings. Claim construction at the pleading stage without
the benefit of the claim construction process is problematic and may be inappropriate.
Defendant’s motion for judgment of non-infringement is therefore denied.
Defendant also requests dismissal of induced infringement for failure to adequately allege the
claim, particularly with respect to the identity of induced infringers, knowledge of the pertinent
patents, that Defendants took action with intent to cause others to infringe, and knowledge that the
inducted acts would constitute infringement.
Defendant maintains Plaintiff did not adequately allege lack of substantial non-infringing use. The complaint,read in the context of thePIC, includes sufficient allegations on this issue to give Defendants fair notice of the claim.
