Two-Way Media Ltd. v. Verizon Communications Inc., et al., C.A. No. 14-1212 RGA-MPT, May 18, 2015

Thynge, C.M. J.  .  Report and recommendation that defendants’ motion to dismiss for failure to state a claim of joint infringement be granted.

The disputed technology relates to multicasting method and apparatus and methods and systems for playing media.  Defendants offer apps that gather statistics which are transmitted to and used by third parties.  Defendants, in combination with one or more third parties, are alleged to infringe one or more claims of the three patents-in-suit by streaming TV channels through subscription services, dubbed TC Everywhere.  Plaintiff is required to plead with respect to a joint infringement claim that various parties perform all of the claimed steps of a method patent, and one party exercises the requisite control such that performance of every step is attributable to the controlling party.  The court finds that plaintiff did not establish a reasonable inference of one party’s direction and control.  The court therefore recommends that the motions to dismiss be granted.