My Trusty Gavel (Photo credit: steakpinball)
(Tyler, Texas – Tuesday, July 22, 2014) Judge Caroline Craven of the Eastern District of Texas recommended denying Cognitec Systems Corp. and Cognitec Systems GmbH’s (Cognitec’s) motion to dismiss Blue Spike, LLC’s claims of indirect and willful patent infringement in Blue Spike, LLC v. Texas Instruments Inc., 6:12-CV-499.
Cognitec filed its FRCP 12(b)(6) motion on November 21, 2013 alleging that Plaintiff failed to state a claim on which relief could be granted. Judge Schneider had previously granted a similar motion against Blue Spike dismissing certain claims. Blue Spike responded to Cognitec’s motion by timely filing a first amended complaint addressing defendant’s motion and the issues raised by Judge Schneider.
In its opposition to Cognitec’s motion, Blue Spike simply stated that it believed the motion was now moot considering the amended complaint; Cognitec, however, disagreed in its Reply brief. With supporting case law, Plaintiff requested the court consider the motion to dismiss as applied to the first amended complaint. The court determined that Cognitec had failed to address any of the amendments to the Blue Spike pleadings and determined that Blue Spike had adequately plead the necessary elements of both indirect and willful patent infringement taking into account Judge Schneider’s previous guidance. The court determined that the parties should proceed on all the claims pleaded in the first amended complaint.
Blue Spike, LLC is represented by Randall Garteiser, Christopher Honea, Christopher Johns, Kirk Anderson, Ian Ramage, and Peter Brasher of Garteiser Honea, PLLC local to Tyler, Texas.
Cognitec Systems Corp. and Cognitec Systems GmbH are represented by Dwayne Goetzel, Ryan Beard, and Willem Schuurman of Meyertons, Hood, Kivlin, Kowert, & Goetzel, P.C. in Austin, Texas.
