Mankes v. Fandango, LLC

90 F. Supp. 3d 515, 2015 U.S. Dist. LEXIS 24016, 2015 WL 847407
CourtDistrict Court, E.D. North Carolina
DecidedFebruary 26, 2015
DocketNo. 5:13-CV-716-FL
StatusPublished

This text of 90 F. Supp. 3d 515 (Mankes v. Fandango, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mankes v. Fandango, LLC, 90 F. Supp. 3d 515, 2015 U.S. Dist. LEXIS 24016, 2015 WL 847407 (E.D.N.C. 2015).

Opinion

ORDER

LOUISE W. FLANAGAN, District Judge.

This matter comes before the court on defendant’s motion for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c). (DE 55). Also pending before the court is plaintiffs motion to dismiss defendant’s counterclaims for failure to state a claim upon which relief can be granted, under Rule 12(b)(6). (DE 50). For the reasons stated below, defendant’s motion for judgment on the pleadings is granted. The court holds in abeyance decision on plaintiffs motion pending further briefing.

STATEMENT OF THE CASE

Plaintiff, inventor and owner of United States Patent Number 6,477,503 (“the '503 patent”) which is generally directed to a reservation system that controls inventory, filed complaint October 14, 2013, against defendant, an online retailer of movie tickets.1 The complaint alleges defendant directly infringed the '503 patent in violation of 35 U.S.C. § 271(a) and induced infringement of the '503 patent, in violation of 35 U.S.C. § 271(b). Defendant responded with a motion to dismiss later mooted by the court’s allowance of plaintiffs motion to amend, resulting in an amended complaint filed March 7, 2014.

Plaintiff alleges a system operated by defendant which is used throughout the country by theaters for selling movie tickets which uses some of the steps of the claimed invention. The other steps of the invention allegedly are induced by defendant to be performed by its customers. Plaintiff seeks a declaration of infringement, an injunction, accounting, and damages.

Defendant denied liability in answer filed March 24, 2014. Defendant also asserted two counterclaims: 1) non-infringement and 2) invalidity. The court earlier had sought to initiate the parties’ planning and scheduling activities, precipitating defendant’s motion to phase discovery, filed March 7, 2014.

[517]*517However, before the court could address that motion, on April 11, 2014, the parties jointly moved to stay proceedings pending the outcome of the United States Supreme Court’s decision in Limelight Networks, Inc. v. Akamai Technologies, Inc., — U.S.-, 134 S.Ct. 2111, 189 L.Ed.2d 52 (2014). The Supreme Court issued its opinion in Limelight Networks on June 2, 2014, and after some maneuvering related to the Federal Circuit’s response to that decision, and whether a continued stay of this case, as urged by plaintiff, would be appropriate, ultimately stay was lifted.

Plaintiff filed his motion to dismiss defendant’s counterclaims on September 3, 2014. On October 15, 2014, defendant filed its motion for judgment on the pleadings.

Briefly, in its motion for judgment on the pleadings, defendant argues plaintiffs allegations belie both his infringement and inducement claims. In particular, defendant argues plaintiff has not alleged direct infringement, where he fails to allege defendant performs every step of any claim, or that defendant exercises control over other parties committing some of the steps of the claimed methods. In addition, defendant contends plaintiff has not alleged inducement, as the facts do not support the inference the '503 patent has been directly infringed.

Plaintiff does not dispute that no one entity performs every step of any claim. Rather, plaintiff contends defendant misstates the applicable legal standard for infringement and argues defendant has infringed, or induced the infringement of, the '503 patent because defendant and certain third parties, acting at arm’s length, combine to perform all the steps of a claimed method.

FACTUAL BACKGROUND

In undertaking its analysis, this court is mindful that it accepts as true all well-pleaded allegations of the plaintiff and views them in the light most favorable to him, based on the established law of this circuit, .as set forth more particularly below. Plaintiff alleges that the '503 patent, entitled “Active Reservation System,” issued November 5, 2002. (Am. Compl. ¶ 8, DE 29; see also DE 29-1)2. The '503 patent is a method patent with four claims. (DE 29-1). The claimed methods generally address a reservation system that controls an inventory. (Am. Compl. ¶ 7). More specifically, the patent provides a process whereby local vendors or event owners can track and sell their limited inventory both locally, and online. (See DE 29-1, at 12-13). It also allows third parties, using an internet connection, to view the remaining quantity of inventory and make purchases therefrom. (Id.). Once the purchase is completed, the local vendor or owner’s remaining inventory updates and reflects the purchase. (See id.).

Defendant operates a reservation system specifically aimed at selling movie tickets. (Am. Compl. ¶ 13). Defendant’s system is used by movie theaters throughout the United States to sell movie tickets to internet-based consumers. (Id. ¶¶ 13-14). The reservation system used by defendant, and marketed toward theaters, largely mimics that disclosed in the '503 patent. (Id. ¶¶ 17, 20). However, defendant’s system does not perform all the steps of plaintiffs claimed invention. (Id.). Rather, defendant’s reservation system performs some of the steps claimed in the '503 patent, with the theaters performing the other steps of the claimed invention. [518]*518(Id. ¶ 17). Defendant offers financial incentives to theaters that use its system. (Id. ¶ 19).

COURT’S DISCUSSION

A. Defendant’s Motion for Judgment on the Pleadings

1. Standard of Review

In reviewing a motion for judgment on the pleadings, under Rule 12(c), the court applies “the same standard” as for motions to dismiss made pursuant to Rule 12(b)(6). Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th Cir.1999). A motion to dismiss under Rule 12(b)(6) tests the legal sufficiency of the complaint but “does not resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses.” Republican Party v. Martin, 980 F.2d 943, 952 (4th Cir.1992). A complaint states a claim if it contains “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “Asking for plausible grounds ... does not impose a probability requirement at the pleading stage; it simply calls for enough fact to raise a reasonable expectation that discovery will reveal [the] evidence” required to prove the claim. Twombly, 550 U.S. at 556, 127 S.Ct. 1955.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Muniauction, Inc. v. Thomson Corp.
532 F.3d 1318 (Federal Circuit, 2008)
BMC Resources, Inc. v. Paymentech, L.P.
498 F.3d 1373 (Federal Circuit, 2007)
Philips v. Pitt County Memorial Hospital
572 F.3d 176 (Fourth Circuit, 2009)
Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.
591 F.3d 250 (Fourth Circuit, 2009)
Limelight Networks, Inc. v. Akamai Technologies, Inc.
134 S. Ct. 2111 (Supreme Court, 2014)
Edwards v. City of Goldsboro
178 F.3d 231 (Fourth Circuit, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
90 F. Supp. 3d 515, 2015 U.S. Dist. LEXIS 24016, 2015 WL 847407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mankes-v-fandango-llc-nced-2015.