Windy City Innovations, LLC v. Microsoft Corp.

Order Granting in Part and Denying in Part Motion To Dismiss

Re: Dkt. No.

Plaintiff Windy City Innovations, LLC filed this action in the Western District of North Carolina against defendant Microsoft Corp. for alleged infringement of four of plaintiffs patents. (Dkt. No. .1, “Compl.”) Based thereon, plaintiff seeks: (i) a declaratory judgment finding that defendant has infringed, plaintiffs patents; (ii) a preliminary and permanent injunction preventing defendant from continuing to infringe upon the patents at issue, or in the alternative, a compulsory ongoing licensing fee award; (iii) an award of attorneys’ fees; (iv) damages, including supplemental damages for any continuing post-verdict infringement, as well as enhanced damages for willful infringement; (v) costs for pursuing this action; (vi) pre-judgment and post-judgment interest 'on the damages awarded; and (vi) any other relief the Court may deem just and proper.

Currently pending before the court is defendant’s motion to dismiss the complaint for failure to state a patent infringement claim, pursuant to Federal Rule of Civil Procedure 12(b)(6), filed on July 24, 2015. (Dkt. Nos. 14 & 15, “Mtn.”) Plaintiff filed a…