The court denied defendants' motion to dismiss plaintiff's indirect and willful infringement claims where plaintiff adequately alleged pre-suit knowledge based on the defendants' membership in a defensive patent aggregation service. "[Plaintiff] disclosed its patents and explained how and why they are infringed to [the patent aggregation service] during negotiations [three years ago]. [Plaintiff] further explains that because the 'purpose of [the service] was to obtain patent rights for its members, it is entirely plausible - indeed, likely - that the Company would have identified [plaintiff's] patents to [its member companies], as it did to at least one other [defendant]. . . .' The Court agrees with [plaintiff] that [defendants'] relationship with [the service], in light of [its] business model, provides a plausible basis for reasonably inferring that [defendants] became aware of both patents-in-suit."
SoftView LLC v. Apple Inc., et. al., 1-10-cv-00389 (DED July 26, 2012, Order) (Stark, J.).