In the Report and Recommendation entered in Helios Streaming, LLC et al. v. Vudu, Inc., Civil Action No. 19-1792-CFC-SRF (D.Del. May 11, 2020), the Honorable Sherry R. Fallon recommends the Court grant defendant Vudu’s partial motion to dismiss plaintiffs’ claims of induced infringement asserted in Count I, Counts II through V, and Count VII of the complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Specifically, Judge Fallon recommends the dismissal of those claims after finding that the complaint does not sufficiently allege that (1) Vudu had knowledge of the patents asserted in Counts II through V and VII prior to the filing of the complaint; and (2) Vudu had knowledge its conduct induced infringement of the patent asserted in Count I of the complaint. Id. at *2-6.
A copy of the Report and Recommendation is attached.