Rasmussen Instruments, LLC v. DePuy Synthes Products, Inc. et al. (D. Mass. 20-cv-11807).

Judge Stearns denied Samsung 2019s motion to dismiss for failure to state a claim, agreeing that the complaint meets the Twombly 201cplausibility 201d standard because it states the patents alleged to be infringed and the acts by which they are allegedly infringed. Rain Computing asserts that Samsung 2019s delivery of their apps to end user devices via an app store that requires registration and subscription to use, which are asserted to infringe Rain 2019s patent directed to methods and systems for delivering software to client terminals based on a subscription service. Judge Stearns held that the Federal Rules of Civil Procedure, even as explained by Twombly, 201cdo not require a plaintiff to plead facts establishing that each element of an asserted claim is met. 201d This holding seems to be inconsistent with a pair of prior D. Mass. cases (Rampage v. Global Graphics, Judge Burroughs, and Sunrise Techs. V. Cimcon Lighting, Judge Gorton) that held that a patent plaintiff 201cmust allege that defendant 2019s product practices all the elements of at least one of the claims of the subject patent. 201d It will be interesting to see whether Samsung will challenge this decision down the road.