Magistrate Judge Fallon Denies Motion to Dismiss as Moot

December 19, 2017

Publication| Intellectual Property

In Telebrands Corp. v. 1ByOne Products Inc., No. 17-997-JFB-SRF (D. Del. Nov. 21, 2017), Magistrate Judge Fallon denied the defendant’s motion to dismiss for failure to state a claim as moot. After moving to dismiss, the defendant answered the complaint and asserted counterclaims for a declaratory judgment of invalidity and non-infringement of the two asserted patents as well as of a third patent. Judge Fallon found that the filing of the answer mooted the pending motion to dismiss.

Key Point: In finding that the defendant’s filing of an answer mooted its motion to dismiss, Magistrate Judge Fallon stated that the “very act of answering the complaint defeats the argument that the complaint is too thin to provide adequate notice of the claims and permit the defendant to respond in a meaningful way.”

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