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Mod Stack LLC v. Aculab, Inc.

United States District Court, D. Delaware

August 2, 2019

MOD STACK LLC, Plaintiff,
v.
ACULAB, INC., Defendant.

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

          Jeremy D. Anderson, FISH & RICHARDSON P.C., Wilmington, DE, Neil J. McNabnay, David B. Conrad, Ricardo J. Bonilla, Theresa M. Dawson, Rodeen Talebi, FISH & RICHARDSON P.C., Dallas, TX Counsel for Defendant

          MEMORANDUM OPINION

          COLM F. CONNOLLY, UNITED STATES DISTRICT JUDGE

         I have before me Defendant Aculab, Inc.'s ("Defendant" or "Aculab") Renewed Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim. D.I. 19. The matter is fully briefed. D.I. 20, D.I. 25, D.I. 28. For the reasons that follow, I will deny Aculab's motion.

         I. BACKGROUND[1]

         Plaintiff Mod Stack LLC ("Mod Stack" or "Plaintiff) initiated this patent infringement action on February 28, 2018, accusing Aculab's ApplianX IP Gateway of infringing at least claim 1 of U.S. Patent No. 7, 460, 520 (the "#520 patent"). D.I. 1. On April 25, 2018, Aculab filed its first motion to dismiss. D.I. 10. In lieu of filing a response to Aculab's motion, Mod Stock filed an Amended Complaint, once again accusing Aculab's ApplianX IP Gateway of infringing at least claim 1 of the #520 patent. D.I. 16. Aculab then filed the instant motion to dismiss Mod Stack's Amended Complaint, asserting that the #520 patent is directed to patent ineligible subject matter. D.I. 19; see also D.I. 20 at 1. In the alternative, Aculab moves to dismiss Mod Stack's Amended Complaint because Mod Stack has failed to adequately plead direct infringement. See D.I. 20 at 2.

         The #520 patent covers "a system and method for supporting multiple central controllers of voice-band calls." #520 patent at 1:14-16. Specifically, the claimed invention "relates to a system and method for simultaneously interfacing with different types of call controllers in a voice gateway." Id. at 3:23-25. According to the patent's specification, although "[t]he call controllers may use different call control protocols[, ] [t]he voice gateway [] adapts each of these different call control protocols to a common representation so that all can be interfaced simultaneously." Id. at 3:25-29.

         The #520 patent contains twenty-seven claims, six of which are independent claims. Id. at 18:56-24:14. Claim 1 recites as follows[2]:

1. An apparatus connecting a local packet network (LPN) and a circuit-switched network, the apparatus comprising:
a first protocol endpoint configured to receive at least one first external call control message of a first protocol from a first call controller associated with the circuit-switched network and to map the at least one first external call control message to at least one corresponding first internal call control message of an internal protocol;
a second protocol endpoint configured to receive at least one second external call control message of a second protocol from an integrated access device (IAD) associated with the LPN and to map the at least one second external call control message to at least one corresponding second internal call control message of an internal protocol; and
a protocol adapter configured to receive the first and the second internal call control messages and to route the at least one first internal call control message to the second protocol endpoint and the at least one second internal call control message to the first protocol endpoint;
wherein the first protocol endpoint is further configured to receive the at least one second internal call control message and to map the at least one second internal call control message to a third external call control message of the first protocol, and wherein the second protocol endpoint is further configured to receive the at least one first internal call control message and to map the at least one ...

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