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Ravensafe, LLC v. Nexus Techonologies, Inc.

United States District Court, W.D. North Carolina, Asheville Division

September 20, 2019

RAVENSAFE, LLC, Plaintiff,
v.
NEXUS TECHONOLOGIES, INC., EDWARD PRATHER, DANIEL CONTI, and CHARLES GARDEN, Defendants.

          MEMORANDUM OF DECISION AND ORDER

          MARTIN REIDINGER UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court on the Defendants’ Motion to Dismiss for Failure to State a Claim [Doc. 8].

         I. PROCEDURAL BACKGROUND

         On April 2, 2019, the Plaintiff RavenSafe, LLC (“Plaintiff”), filed this civil action against the Defendants Nexus Technologies, Inc. (“Nexus”), Edward Prather (“Prather”), Daniel Conti (“Conti”), and Charles Garden (“Garden” and collectively “Defendants”) for patent infringement pursuant to 35 U.S.C. § 271. [Doc. 1]. Specifically, the Plaintiff claims that the Defendants are liable for direct and indirect infringement on the 9, 865, 903 (“the ‘903 Patent”), and the 10, 084, 213 Patents (“the ‘213 Patent” and collectively “the Patents”), in violation of 35 U.S.C. § 271. [Id. at ¶¶ 57-99, 100-31].

         The Defendants now seek the dismissal of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing that the Plaintiff’s Complaint fails to state claims upon which relief can be granted. [Doc. 8, 9]. The Plaintiff has filed an opposition to the Defendants’ motion, [Doc. 12], to which those defendants have replied [Doc. 13].

         Having been fully briefed, this matter is ripe for disposition.

         II. STANDARD OF REVIEW

         To survive a motion to dismiss pursuant to Rule 12(b)(6), “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). To be “plausible on its face, ” a plaintiff must demonstrate more than “a sheer possibility that a defendant has acted unlawfully.” Id.

         In reviewing the complaint, the Court must accept the truthfulness of all factual allegations but is not required to assume the truth of “bare legal conclusions.” Aziz v. Alcolac, Inc., 658 F.3d 388, 391 (4th Cir. 2011). “The mere recital of elements of a cause of action, supported only by conclusory statements, is not sufficient to survive a motion made pursuant to Rule 12(b)(6).” Walters v. McMahen, 684 F.3d 435, 439 (4th Cir. 2012) see also Twombly, 550 U.S. at 555 (A complaint containing mere “labels and conclusions” or a “formulaic recitation of the elements of a cause of action will not do.”).

         Determining whether a complaint states a plausible claim for relief is “a context-specific task, ” Francis v. Giacomelli, 588 F.3d 186, 193 (4th Cir. 2009), which requires the Court to assess whether the factual allegations of the complaint are sufficient “to raise the right to relief above the speculative level, ” Twombly, 550 U.S. at 555. As the Fourth Circuit has explained:

To satisfy this standard, a plaintiff need not forecast evidence sufficient to prove the elements of the claim. However, the complaint must allege sufficient facts to establish those elements. Thus, while a plaintiff does not need to demonstrate in a complaint that the right to relief is probable, the complaint must advance the plaintiff’s claim across the line from conceivable to plausible.

Walters, 684 F.3d at 439 (citations and internal quotation marks omitted).

         III. FACTUAL BACKGROUND

         Taking the well-pleaded factual allegations of the Complaint as true, the following is a ...


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