Judge Noreika Denies Defendant’s Motion to Dismiss Plaintiff’s Complaint Alleging Direct Infringement of Asserted Patents

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Hazel Technologies, Inc., Civil Action No. 18-1486 –MN (D.Del. April 25, 2019), the Court denied Defendant’s motion to dismiss Plaintiff’s claim of direct infringement of U.S. Patent Nos. 6,017,849 (“the ‘849 Patent”) and 6,313,068 (“the ‘068 Patent”) after finding that Plaintiff’s complaint identified Defendant’s accused product, the specific claims in the asserted patents that Defendant’s accused product allegedly infringed, and how the accused product purportedly infringed those claims. Following the Federal Circuit’s prior decision in Disc Disease Sols. Inc. v. VGH Sols., Inc., 888 F.3d 1256 (Fed. Cir. 2018), and a similar conclusion reached in Primos Tech., Inc. v. Samsung Elec. Co., No. 18307-RGA, 2018 WL 5630585, *4 (D.Del. Oct. 31, 2018), the Court concluded that Plaintiff’s allegations were…

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