DS Advanced Enterprises accused Ledvance of infringing its patent on detachable LED fixtures. The complaint identified five Ledvance products as infringing. Ledvance moved to dismiss for failure to state a claim on which relief could be granted, and subsequently moved to dismiss the claims as to two of the products as precluded by a summary judgment determination involving the same patent by the Southern District of California. In that case, the court held that the claim term “metal housing” unambiguously required the housing element of the fixture be comprised of metal. Ledvance said that dismissal as to two of the accused products should be granted because each of the two had plastic housings. DS Advanced instead sought leave to amend the complaint to remove the allegations against the two products, without prejudice to seek to reintroduce the claims at a later date if its pending appeal of the summary judgment decision succeeds.
Judge Kobick granted DS Advanced’s motion to amend. She found that the amendment would serve to narrow the issues in the case, and that any concerns about the possibility of adding the claims back should the appeal succeed could be addressed at the time of DS Advanced’s further motion. Judge Kobick denied Ledvance’s motion to dismiss with respect to the remaining three products. Ledvance had argued that the complaint failed to allege that two claim elements were found in these products – a twist connector attaching output wires to the metal housing and the use of both a junction box and retrofit clips. Ledvance said that the complaint failed to affirmatively identified the housing, output wires or junction box, but Judge Kobick pointed out that patent infringement need not be pled on an element-by-element basis. She noted that the technology was simple and that the complaint alleged infringement of only four claims, sufficient to put Ledvance on notice of the activity complained of. She further declined to determine whether the claim required the simultaneous use of both a junction box and retrofit clips at this early stage, finding that it would be better answered at claim construction.
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