Sapphire Crossing LLC v. Abbyy Production LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7

SAPPHIRE CROSSING LLC,

9 Plaintiff, ORDER RE: MOTIONS TO DISMISS 10 v. Case No. 20-cv-03590-YGR

ABBYY USA SOFTWARE HOUSE, INC.,

Dkt. Nos. 20 Defendant.

SAPPHIRE CROSSING LLC, Plaintiff, Case No. 20-cv-03593-YGR v. Dkt. No. 23 EVERNOTE CORPORATION,

Defendant.

20 Plaintiff Sapphire Crossing LLC brings these two patent infringement actions against 21 defendants Abbyy USA Software House, Inc. and Evernote Corporation, alleging infringement of 22 U.S. Patent No. 6,891,633 (the “’633 Patent”). Now before the Court are defendants’ motions to 23 dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that plaintiff fails to 24 plead direct or divided infringement and fails to plead compliance with the marking statute, 35 25 U.S.C. § 287(a). The two motions, filed through common counsel, make substantively identical 26 arguments. 27 Having considered the papers and…