Generally speaking, the accused iBaby System utilizes sensors, such as cameras and microphones, for generating sensor data related to the environment of the sensor devices to provide different alerts to users and others regarding activity around the sensor devices. The iBaby System further stores in memory a plurality of templates containing light and audio parameters used in classifying activities, such as, for example, motion detection. Sensor data is compiled by the iBaby System’s cloud servers or other processing devices and compared to the parameters of one or more templates. When detected activity satisfies certain criteria as determined bytheiBabySystemcloudservers/processors, the iBaby System utilizes a hierarchy, configured either for levels of what iBaby refers to as "user access authority" and/or configured for performing varying operations, such as, among other things, sending alerts or other information to users and others via "push" notifications to iOS mobile devices through the iBaby mobile application or via email (using, e.g., a MSN "friends list") to mobile or desktop devices or by uploading images to a FTP server. The Accused Products further use a non-transitory cloud server, which stores processing instructions for carrying out the limitations of the Accused Products.
On March 1, 2016, iBaby filed a Motion to Dismiss the FAC. ECF No. 23. On April 29, 2016, the Court requested supplemental briefing from the parties regarding the applicable pleading standard in patent infringement cases in light of the abrogation of Federal Rule of Civil Procedure 84 and Form 18. ECF No. 34.
LEGAL STANDARD
On a motion to dismiss, the Court accepts the material facts alleged in the complaint, together with all reasonable inferences to be drawn from those facts, as true. Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). However, "the tenet that a court must accept a complaint’s allegations as true is inapplicable to threadbare recitals of a cause of action’s elements, supported by mere conclusory statements." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). To be entitled to the presumption of truth, a complaint’s allegations "must contain sufficient allegations of underlying facts to give fair notice and to enable the opposing party to defend itself effectively." Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011).
