Elm 3DS Innovations, LLC v. SK Hynix Inc., et al., C.A. No. 14-1432 – LPS- CJB, March 31, 2016.
Stark, C. J. Court adopts magistrates Report and recommendation and denies defendants’ motion to dismiss pre-suit induced infringement claims.
Defendants’ knowledge of the patent-in-suit may be inferred from their participation in the semiconductor market where it was common knowledge. That the group was working to standardize technologies related to the patent-in-suit is an alleged fact supporting defendant’s knowledge of the patent. The court agrees with the magistrate that this was a close call.