Failure to Allege Lack of Substantial Noninfringing Use Sinks Contributory Infringement Claim

The court granted defendant's motion to dismiss plaintiff's contributory infringement claim for failure to state a claim. "Plaintiff alleges that the Infringing Toy is sold in the form of kits that require assembly. The items in these kits are apparently the components that form the basis for Plaintiff’s contributory infringement claim. However, because Plaintiff fails to allege that these components are not suitable for substantial noninfringing use, Plaintiff fails to state a claim for contributory infringement."

Clayton v. Fisher-Price Inc., 2-09-cv-06891 (CACD June 1, 2010, Order) (Nguyen, J.)