The court granted defendants' motion to dismiss plaintiff's infringement action for failing to allege that a single party performed every limitation of a method claim. "Plaintiffs have failed to allege which Defendant took which action, under each element of each claim. And in such instances as they may apply, Plaintiffs have also failed to articulate those facts which may establish the required agency relationship under a direct infringement, vicarious liability theory. Simply stated, alleging that 'Defendants' did something is insufficient."
Driessen v. Sony BMG Music Entertainment, et. al., 2-09-cv-00140 (UTD January 17, 2012, Order) (Waddoups, J.)
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