Challenge to Plaintiff's Joint Infringement Claim at the Pleading Stage was Premature

Defendant's motion to dismiss plaintiff's direct infringement claims for failure to state a claim was denied without prejudice. "[Defendant] moves to dismiss [plaintiff's] direct infringement claims under Rule 12(b)(6) arguing that the patents-in-suit require the participation of multiple parties in order for direct infringement to occur. . . . To the extent that [defendant] is arguing that it cannot infringe the patents -- and therefore [plaintiff] could not have adequately pled infringement -- because [defendant] does not direct or control all of the infringing elements, that argument is premature at this stage of the case."

Soverain Software LLC v. J.C. Penney Corporation, Inc. et al., 6-09-cv-00274 (TXED April 13, 2010, Order) (Davis, J.)