DermaFocus LLC v. Ulthera, Inc., C.A. No. 15-654 - SLR, August 11, 2016.
Robinson, J. Defendant’s motion to dismiss for failure to state a claim is granted in part and denied in part.
The disputed technology relates to a method and apparatus for therapeutic treatment of skin with ultrasound. The court concludes that plaintiff has adequately plead a plausible claim for direct infringement. Furthermore, the allegations contain facts from which it is plausible to infer that defendant knew its conduct would induce infringement by its customers and had the specific intent to make it so. Contributory infringement is likewise adequately plead. The complaint is dismissed as it relates to pre-suit willfulness. The court allows post-filing willfulness claims to withstand the motion to dismiss.