The court denied defendant's motion to dismiss plaintiff's direct infringement claim for failing to identify an accused product or system, as well as failing to identify which of 40 method claims were infringed. "Although it is a close call, the Court finds that in the context of the entire Amended Complaint, the phrase 'object oriented software applications and systems that access a relational database' identifies a general category of accused products and services with sufficient specificity to enable Defendant to answer. . . . Further particulars of the allegations may be obtained through discovery."
Datatern, Inc. v. Eli Lilly and Company, et. al., 2-10-cv-00413 (TXED September 30, 2011, Order) (Ward, J.)
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