Apollo Finance, LLC v. Cisco Systems, Inc.

ORDER re: DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [12]

Now before this Court is Defendant Cisco Systems Inc.’s (“Defendant”) Motion to Dismiss for Failure to State a Claim [12] (“Motion”). Defendant seeks a complete dismissal of Plaintiff Apollo Finance, LLC’s (“Plaintiff’) Amended Complaint. The present Motion arises from a patent infringement action brought by Plaintiff against Defendant. Plaintiff alleges that Defendant has directly infringed,, and continues to directly infringe, Plaintiffs pat *941 ent: U.S. Patent No. 8,435,038 (“’038 Patent” or “the Patent”) by producing, using, selling and/or offering for sale certain products without the authority of Plaintiff. For the reasons discussed below, this Court GRANTS Defendant’s Motion, without leave to amend.

I. BACKGROUND

A. Factual Background

On May 7, 2013, the United States Patent and Trademark Office (“USPTO”) issued the ’038 Patent, entitled “METHODS AND SYSTEMS FOR TEACHING A PRACTICAL SKILL TO LEARNERS AT GEOGRAPHICALLY SEPARATE LOCATIONS.” Compl. ¶7, ECF No. 1. The ’038 Patent claims “among other things, a method for teaching a practical skill to a plurality of learners at geographically separate…