MyMedicalRecords, Inc. v. Jardogs, LLC

ORDER DENYING MOTION TO DISMISS ALLSCRIPTS’S SECOND AMENDED COMPLAINT [59]

I.INTRODUCTION

Moving again to dismiss Plaintiff MyM-edicalRecords, Inc.’s (“MMR”) Second Amended Complaint, Defendant Allscripts Healthcare Solutions, Inc. raises several unsettled, patent-law pleading issues. Specifically, Allscripts contends that in light of current Central District of California case law, a plaintiff may not rely on a previous complaint in the same lawsuit to establish a defendant’s knowledge of the patents-in-suit. A plaintiff must plead this knowledge to establish any indirect-infringement claim. But MMR asks the Court to adopt a rule that assesses the defendant’s knowledge at the time the plaintiff added it to the action- — irrespective of how it might have gained that knowledge.

After considering arguments on both side of the legal rift, the Court finds that a plaintiff may establish a defendant’s knowledge of the patents-in-suit based on the filing of a previous complaint. But the Court also finds that a plaintiff may not “bootstrap” this postfiling knowledge onto prefiling conduct; rather, the knowledge only applies to the defendant’s potentially infringing conduct after the…