`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`Civil Action No. 15-228-RGA
`
`ACTIVISION BLIZZARD INC.,
`
`Defendant.
`
`ORDER
`
`Pending is Defendant's Motion to Dismiss. (D.I. 11). It seeks dismissal of the
`
`indirect infringement counts because those counts do not plausibly allege that there are
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`any direct infringers. I believe there is merit in that argument. The allegations of direct
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`infringement in the indirect infringement accounts seem designed to obscure what
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`Plaintiffs theory is rather than to elucidate it.
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`The motion also seeks dismissal for lack of plausible allegations of knowledge,
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`but this seems much ado about nothing. The allegation of knowledge is sufficient post-
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`filing, insufficient pre-filing. Thus, were this Defendant's only argument, all it would
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`result in would be a limitation of the scope of the indirect infringement counts.
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`In view of the above, Defendant's motion to dismiss (D.I. 11) is GRANTED.
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`Counts IV, VII, and IX are DISMISSED WITHOUT PREJUDICE.
`IT IS SO ORDERED this ddv day of June 2015.
`
`United State
`
`I
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`I
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`j
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