Two-Way Media Ltd v. Comcast Cable Communications LLC, et alC.A. No. 14-1006 RGA-MPT, May 13, 2015

Thynge, C.M. J.  Report and recommendation that defendants’ motion to dismiss for failure to state a claim of joint infringement be granted.

The disputed technology relates to products and services for live streaming media, including subscription services for TV Everywhere.  Defendants offer apps that gather statistics which is transmitted to and used by third parties. Defendants, in combination with one or more third parties, are alleged to infringe one or more claims of the three patents-in-suit.  Muniauctionrequires a plaintiff to plead with respect to a joint infringement claim that various parties perform all of the claimed steps of a method patent, and one party exercises the requisite control such that performance of every step is attributable to the controlling party. The court finds it implausible that defendants obligated the third parties to perform every step of the patents-in-suit based on contracts and relationships with third parties because the terms of the contracts are unknown to plaintiff.   The court therefore recommends that the motions to dismiss be granted.