Nexeon Limited v. EaglePicher Technologies, LLC, et al., C.A. No. 15-955 – RGA-MPT, July 26, 2016.

Thynge, C. M. J. Report and recommendation recommending that defendants’ motion to dismiss for failure to state a claim be granted in part and dismissed in part.

The disputed technology relates to methods of fabricating silicon particles for use in lithium rechargeable batteries.  The court concludes that direct infringement is adequately pled under Form 18.  Induced infringement with respect to one U.S. defendant is adequately pled in that the complaint alleges that the defendant provided instruction on how to engage in an infringing use. With respect to contributory inducement, plaintiff has not adequately pled facts demonstrating a lack of substantial non-infringing uses. The court recommends dismiss in this claim.