United States District Court, D. Delaware
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.
ANDREWS, U.S. DISTRICT JUDGE.
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).
reasons that follow, the Court will deny Defendant's
Motion to Dismiss.
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).
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
1. A method performed in a system having multiple navigable
nodes interconnected in a hierarchical arrangement
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
identifying the at least one word as synonymous with the at