United States District Court, D. Delaware
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.
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.
ANDREWS, U.S. DISTRICT JUDGE
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
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).
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,
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
('150 patent, claim 1).
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 ...