United States District Court, D. Delaware
Stamatios Stamoulis and Richard Charles Weinblatt, STAMOULIS
& WEINBLATT LLC, Wilmington, DE Attorneys for Plaintiff
E. Farnan and Nicole Kathleen Pedi, RICHARDS, LAYTON &
FINGER, PA, Wilmington, DE James F. Valentine, Victoria Q.
Smith, and Amisha K. Manek, PERKINS COIE LLP, Palo Alto, CA
Attorneys for Defendants
U.S DISTRICT JUDGE.
Lexos Media IP, LLC ("Lexos") filed suit against
Defendant Ralph Lauren Corporation ("RLC") on
September 15, 2017, alleging infringement of U.S. Patent No.
5, 995, 102 ("the '102 patent") and U.S. Patent
No. 6, 118, 449 ("the '449 patent"). (D.I. 1)
On November 27, 2017, Lexos filed a First Amended Complaint
("FAC"). (D.I. 15) On December 18, 2017, RLC moved
to dismiss the FAC for failure to state a claim, pursuant to
Federal Rule of Civil Procedure 12(b)(6), based on RLC's
contentions that Lexos failed to plead sufficient facts to
place RLC on notice of Lexos' infringement theory, and
that Lexos' allegations did not state a plausible claim
for infringement. (D.I. 20) Lexos later joined Defendants
Club Monaco U.S., LLC and Club Monaco Corporation. (D.I. 42)
reasons stated below, the Court will deny RLC's motion to
'102 patent and the '449 patent, which share a common
specification, relate to systems for modifying a cursor image
displayed on a user's computer terminal. RLC operates a
website that, according to Lexos, modifies cursor images in a
manner that infringes claims of the '102 patent and the
'449 patent. (D.I. 15)
FAC, Lexos alleges infringement of claims 71, 72, and 73 of
the '102 patent, and claims 1 and 53 of the '449
patent. (Id.) All asserted claims involve modifying
a cursor image. Claim 72 of the '102 patent, which is
representative, includes the following:
A method for modifying an initial cursor image displayed on a
display of a user terminal connected to at least one server,
providing ... to said user terminal.. . cursor image data
corresponding to a specific image; and transforming said
initial cursor image . . . into the shape and appearance of
said specific image ....
(D.I. 15, Ex. A)
a motion to dismiss under Federal Rule of Civil Procedure
12(b)(6) requires the Court to accept as true all material
allegations of the complaint. See Spruill v. Gillis,
372 F.3d 218, 223 (3d Cir. 2004). "The issue is not
whether a plaintiff will ultimately prevail but whether the
claimant is entitled to offer evidence to support the
claims." In re Burlington Coat Factory Sec.
Litig., 114 F.3d 1410, 1420 (3d Cir. 1997) (internal
quotation marks omitted). Thus, the Court may grant such a
motion to dismiss only if, after "accepting all
well-pleaded allegations in the complaint as true, and
viewing them in the light most favorable to plaintiff,
plaintiff is not entitled to relief." Maio v. Aetna,
Inc., 221 F.3d 472, 481-82 (3d Cir. 2000) (internal
quotation marks omitted).
well-pleaded complaint must contain more than mere labels and
conclusions. See Ashcroft v. Iqbal,556 U.S. 662,
678 (2009); Bell Ail. Corp. v. Twombly, 550 U.S.
544, 555 (2007). A plaintiff must plead facts sufficient to
show that a claim has substantive plausibility. See
Johnson v. City of Shelby,135 S.Ct. 346, 347 (2014). A
complaint may not be dismissed, ...