No Ruling on Divided Infringement Until After Claim Construction

The magistrate judge recommended denying defendants' renewed motion to dismiss plaintiff's infringement claims for failure to state a claim because of divided infringement. "The Court dismissed Defendants’ earlier filed motion as premature. . . . Yet another court faced with a similar motion declined to construe the patent claim to determine whether the claim required an allegation of joint infringement, reasoning that the proper time to address claim construction was not on a motion to dismiss. Here, the case is in essentially the same procedural posture as before -- no claim construction ruling has issued and, therefore, dismissal is premature."

H-W Technology, L.C. v. Apple Inc., et. al., 3-11-cv-00651 (TXND May 28, 2013, Order) (Ramirez, M.J.).