Agoracom: Small Cap Investment - e.Digital - Pacer - e.DIGITAL v. IBABY Labs

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sman998

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Pacer - e.DIGITAL v. IBABY Labs - ORDER GRANTING MOTION TO DISMISS

in response to

Re: GeoOptics --- Team & High Ranking board of directors/to the moon :))

DISCHINO

posted on Aug 22, 2016 06:46PM

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA E.DIGITAL CORPORATION,

E.DIGITAL CORPORATION,

Case No. 15-cv-05790-JST

ORDER GRANTING MOTION TO DISMISS

Re: ECF No. 23

Plaintiff,

IBABY LABS, INC.,

Defendant.

Indirect Infringement

e.Digital also asserts claims for indirect infringement of each of the patents-in-suit. "Indirect infringement, whether inducement to infringe or contributory infringement, can only arise in the presence of direct infringement . . . ." Dynacore Holdings Corp. v. U.S. Philips Corp., 363 F.3d 1263, 1272 (Fed. Cir. 2004). Accordingly, because the Court has already concluded that e.Digital has failed to state a claim for direct infringement, e.Digital’s claims for indirect infringement must fail as well.

CONCLUSION

The Court grants iBaby’s Motion to Dismiss with leave to amend.

IT IS SO ORDERED.

Dated: August 22, 2016

______________________________________

JON S. TIGAR

United States District Judge

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