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Guada Technologies LLC v, Vice Media LLC

United States District Court, D. Delaware

September 17, 2018

GUADA TECHNOLOGIES LLC, Plaintiff,
v.
VICE MEDIA, LLC, Defendant.

          Stamatios Stamoulis, STAMOULIS & WEINBLATT LLC, Wilmington, DE; David R. Bennett, DIRECTION IP LAW, Chicago, IL. Attorneys for Plaintiff.

          Frederick L. Cottrell, III, Christine D. Haynes, RICHARDS, LAYTON & FINGER, P.A., Wilmington, DE; Christopher T. McWhinney, SULLIVAN & WORCESTER LLP, Washington, DC; Gerald D. Silver, SULLIVAN & WORCESTER LLP, New York, NY; Kimberly B. Herman, SULLIVAN & WORCESTER LLP, Boston, MA. Attorneys for Defendant.

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE.

         Presently before the Court is Defendant's Motion to Dismiss the Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (D.I. 13) and related briefing (D.I. 14, 17, 22). The Court held oral argument on April 13, 2018. The parties later filed follow-up submissions (D.I. 23, 24).

         For the reasons that follow, the Court will deny Defendant's Motion to Dismiss.

         I. BACKGROUND

         Plaintiff filed a patent infringement action on October 24, 2017 against Defendant, alleging infringement of U.S. Patent No. 7, 231, 379 ("the '379 patent"). (D.I. 1). At that time, Plaintiff also filed actions against six other defendants. Five of those cases have been resolved, and the sixth, against Gibson Brands, Inc., was stayed and administratively closed on May 8, 2018, after the defendant filed a notice of bankruptcy. (No. 17-1498, D.I. 17, 19).

         The Complaint alleges that Defendant is "infringing at least claim 1 of the '379 patent." (D.I. 1, ¶ 13). The '379 patent contains seven claims, which read as follows:

1. A method performed in a system having multiple navigable nodes interconnected in a hierarchical arrangement comprising:
at a first node, receiving an input from a user of the system, the input containing at least one word identifiable with at least one keyword from among multiple keywords,
identifying at least one node, other than the first node, that is not directly connected to the first node but is associated with the at least one keyword, and
jumping to the at least one node.
2. The method of claim 1 further comprising:
providing a verbal description associated with the at least one node to the user.
3. The method of claim 1 further comprising:
searching a thesaurus correlating keywords with synonyms.
4. The method of claim 3 wherein the searching further comprises
identifying the at least one word as synonymous with the at ...

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