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Ironworks Patents, LLC v. Apple, Inc.

United States District Court, D. Delaware

June 12, 2018

IRONWORKS PATENTS, LLC, Plaintiff,
v.
APPLE INC, Defendant.

          Brian E. Farnan, Michael J. Farnan, FARNAN LLP, Wilmington, DE; David Berten, Alison Aubry Richards, Hannah Sadler, GLOBAL IP LAW GROUP, LLC, Chicago IL. Attorneys for Plaintiff.

          David E. Moore, Bindu A. Palapura, Stephanie E. O'Byrne, POTTER ANDERSON & CORROON, Wilmington, DE; Xin-Yi Zhou, O'MELVENY & MYERS LLP, Los Angeles, CA; Luann L. Simmons, O'MELVENY & MYERS LLP, San Francisco, CA. Attorneys for Defendant.

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE

         Presently before the Court is Defendant's Motion to Dismiss for Failure to State a Claim (D.I. 10) and related briefing (D.I. 11, 14, 15). For the reasons that follow, the Court will deny Defendant's Motion to Dismiss for Failure to State a Claim.

         I. BACKGROUND

         Plaintiff filed a patent infringement action on October 6, 2017 against Defendant, alleging infringement of U.S. Patent Nos. 6, 850, 150 ("the '150 patent"), 8, 847, 734 ("the '734 patent"), and RE39, 23l. (D.I.1).

         Plaintiff alleges infringement of claim 1 of the '150 patent and claim 1 of the '734 patent. (D.I. 1 at ¶¶ 55-77). The claims read as follows: 1. A portable device, comprising:

control means for monitoring and controlling the operation of the device; and
a user interface which comprises alarm means for performing a silent alarm producing a silent, invisible, tactile sensation in the user;
wherein the control means are arranged to give the user abstract information on multiple internal operational events of the device by using various alarm patterns of silent, invisible sensations produced by the alarm means and sensed by the user, the alarm patterns differing from one another such that at least one alarm pattern characteristic sensed by the user varies, said abstract information comprising a notification of a selected item on a menu of the user interface.

('150 patent, claim 1).

         1. A mobile station comprising:

a user interface configured to enable a user to control operation of the mobile station by manual input and to obtain information on ...

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