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Bonutti Skel Innovations LLC. v. Smith & Nephew, Inc.

United States District Court, Third Circuit

November 18, 2013

BONUTTI SKEL INNOVATIONS LLC, Plaintiff,
v.
SMITH & NEPHEW, INC., Defendant

ORDER

At Wilmington, this 18 day of November, 2013, having considered the plaintiffs first amended complaint in the above-caption matter, [1] the defendant's pending motion to dismiss the plaintiffs indirect, willful, and joint infringement claims, [2] the responses and replies thereto, [3] and the applicable law;

IT IS HEREBY ORDERED that:

(1) Smith & Nephew, Ine.'s ("Smith") motion to dismiss Bonutti's complaint is GRANTED-IN-PART and DENIED-IN-PART.[4] The court finds that Bonutti has not sufficiently pled the required elements of its indirect and joint infringement claims.[5] The court finds, however, that Bonutti has sufficiently pled the required elements of its willful infringement claims.[6]
(2) Bonutti is granted leave to amend the complaint in order to correct the pleading deficiencies regarding the indirect and joint infringement claims dismissed by this order.

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