On March 6, 2013, Judge Lynn issued an Order (available here) in Mobile Enhancement Solutions v. Verizon. Verizon had filed a motion to dismiss MES’ induced infringement claim, arguing that “MES’s allegations, taken as true, do not establish that Verizon specifically intended to induce infringement, a requirement of the cause of action.”
In terms of knowledge that the induced act constitutes infringement, Judge Lynn held that “the allegations in the Amended Complaints—that Verizon continued to induce uses it had learned from the Original Complaint infringed Plaintiff’s patents—satisfy the knowledge requirement of an induced infringement claim.”
Judge Lynn also found that MES’ complaint’s allegations gave rise to a reasonable inference that Verizon intended its customers to infringe.
MES is represented by Edward Nelson, III, Brent Bumgardner, Christie Lindsey, Ryan Griffin, and Steven Hartsell, all of Nelson Bumgardner Casto PC.
Verizon is represented by Leon Carter, Robert Arnett, and Joshua Bennett, all of Carter Stafford Arnett Hamada & Mockler PLLC; and Caitlin Hall, John Rozendaal, and Michael Joffre, all of Kellogg Huber Hansen Todd Evans & Figel PLLC.