Order Regarding Motions to Dismiss, CAP Co., Ltd. v. McAfee, Inc., Case
No. 14-cv-05068, CAP Co., Ltd. v. Symantec Corp.,
14-cv-05071 (Judge James Donato)
Further highlighting the inconsistent treatment of Seagate
recently
noted on this blog, Judge Donato granted MacAfee's and
Symantec's motions to dismiss CAP's willful, induced and
contributory infringement allegations, holding that failure to
plead pre-suit knowledge of the patents-in-suit precludes recovery.
The court held, among other things, that Seagate created a per se
requirement that a Patentee move for a preliminary injunction in
order to collect post-filing enhanced damages. Judge Donato also
held that a complaint is sufficient notice to plead induced and
contributory infringement based on post-filing knowledge.
