Spherix Incorporated, et al. v. CISCO Systems, Inc.C.A. No. 14-393-SLR, March 30, 2015

Robinson, J.  Defendant’s motion to dismiss willfulness allegations is granted.

Plaintiff contends that defendant had knowledge of eight of the patents-in-suit from the date of a patent portfolio auction of over 6000 patents more than a year before this suit was filed.  It contends defendant knew of some of the patents-in-suit from the prosecution of defendant’s own patents.  The court declines to infer knowledge of specific patents from defendant’s participation in the bidding process.  The complaint further contains no facts establishing objective recklessness of the infringement risk,  Defendant’s motion to dismiss the willfulness allegations is granted.