At Wilmington, this 14th day of November, 2013, having considered the plaintiffs complaint in the above-caption matter, the defendant's pending motion to dismiss the plaintiffs direct, induced, contributory, joint, and willful infringement claims, or alternatively to transfer to the United States District Court for the District of Massachusetts,  the responses and replies thereto,  and the applicable law;
IT IS HEREBY ORDERED that:
(1) ConforMIS's motion to dismiss Bonutti's complaint is GRANTED-IN-PART and DENIED-IN-PART. The court finds that Bonutti has not sufficiently pled the required elements of its direct, induced, contributory, and joint infringement claims. The court Regarding the motion to transfer, ConforMIS contends that transferring this action to the United States District Court for the District of Massachusetts is appropriate because: (1) ConforMIS has a "strong connection" with Massachusetts because its corporate headquarters are located there, (D.I. 11 at 15); (2) The convenience of ConforMIS and any witnesses weighs in favor of transfer to Massachusetts because ConforMIS's accused products were developed and manufactured there, (Id. at 15-16); (3) Bonutti will not be inconvenienced because it has already filed another suit in Massachusetts alleging infringement of the '896 patent, (Id.); (3) the Massachusetts courts have a strong local interest in resolving the dispute, (Id. at 16-17); (4) judicial economy would be best served by transfer, (Id. at 17-18); and (5) the first to file rule does not apply because Bonutti's complaint filed in Delaware is defective, (Id. at 18-19).finds, however, that Bonutti has sufficiently pled the required elements of its willful infringement claim.
(2) Bonutti is granted leave to amend the complaint in order to correct the pleading deficiencies regarding the direct, induced, contributory, and joint infringement claims dismissed by this order.
(3) ConforMIS's motion to transfer to the United States District Court for the District of Massachusetts is DENIED. The court finds that ConforMIS has not met its burden of demonstrating that the ...