Judge Andrews denies motion to dismiss willfulness and inducement claims

Judge Richard G. Andrews recently considered Apple Inc.’s motion to dismiss Chestnut Hill Sound Inc.’s claims of willful infringement and indirect infringement.  Chestnut Hill Sound Inc. v. Apple Inc., C.A. No. 15-261-RGA (D. Del. Feb. 29, 2016).  Judge Andrews denied the motion as to willfulness allegations based on meetings that took place years before the patents issued because “it is plausible that [Apple] either tracks suggestions of patent infringement, or would be reckless in not doing so.”  But, Judge Andrews did note that Apple may renew the motion if the cases pending before the United States Supreme Court subsequently change the law on willfulness.  Judge Andrews also denied the motion as to inducement claims, but agreed to dismiss Chestnut Hill’s “formulaic” contributory infringement claims.

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