Rothschild Mobile Imaging Innovations, LLC v. Mitek Sytems, Inc. et al., C.A. No. 14-617-SLR, March 30, 2015.

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

In the original complaint, plaintiff alleged that defendant had knowledge of the patents-in-suit at least since the filing of the complaint.  In the amended complaint, plaintiff adds that defendants’ infringement has been and continues to be willful.  Seagate states that a willfulness claim asserted in the original complaint must necessarily be grounded exclusively in the accused infringer’s pre-filing conduct.  The court concludes the mere notice of the charge of infringement gleaned from the complaint does not substantiate a willfulness claim.  Therefore, the motion to dismiss willfulness claims is granted.