America's Collectibles Network, Inc. v. The Jewelry Channel, Inc. USA (PLR2), No. 3:2013cv00334 - Document 44 (E.D. Tenn. 2014)
Court Description: MEMORANDUM OPINION AND ORDER. The Defendant's 10 Motion to Dismiss or for a more definite statement is DENIED as moot. Signed by District Judge Pamela L Reeves on 9/23/14. (JBR)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE America s Collectibles Network, Inc. Plaintiff, v. The Jewelry Channel, Inc. USA d/b/a Liquidation Channel, Defendant. ) ) ) ) ) ) ) ) ) ) No.: 3:13-CV-334-PLR-HBG Memorandum Opinion and Order In this patent infringement case, the defendant moved on October 22, 2013 to dismiss the plaintiff s complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), or, in the alternative, for a more definite statement under Federal Rule of Civil Procedure 12(e). [R. 10]. The defendant argues that the allegations in the complaint are insufficient to support a claim for direct patent infringement, induced infringement, contributory infringement, or willful infringement. On November 12, 2013, the plaintiff filed an amended complaint under Federal Rule of Civil Procedure 15(a)(1)(B). [R. 18]. The amended complaint removes the allegations of induced infringement and contributory infringement, and provides more specific detail with respect to the direct infringement and willful infringement claims. Accordingly, the defendant s motion to dismiss or for a more definite statement is DENIED as moot. It is so ORDERED. ____________________________________ UNITED STATES DISTRICT JUDGE 2
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