Legal Opinion

Gradient Enterprises, Inc. v. Skype Technologies S.A.

District Court, W.D. New York

Decided March 13, 2012No. 10-CV-6712LPublishedCited by 6 opinions

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

On December 21, 2010, plaintiff Gradient Enterprises, Inc. (“Gradient”) filed this patent infringement action against Skype, Inc. and Skype Technologies S.A. (“Skype, S.A.”). Defendants (who are both represented by the same counsel) have separately moved to dismiss *406the complaint for failure to state a claim upon which relief can be granted, under Rule 12(b)(6) of the Federal Rules of Civil Procedure.1 For the reasons that follow, defendants’ motions to dismiss are granted, and the complaint is dismissed, without prejudice to…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 1994
  4. McZeal v. Sprint Nextel Corp.Court of Appeals for the Federal Circuit · 2007
  5. Zapata v. City of New YorkCourt of Appeals for the Second Circuit · 2007

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3Cited by6 opinions

  1. Faryniarz v. RamirezDistrict Court, D. Connecticut · 2014
  2. Pecorino v. Vutec Corp.District Court, E.D. New York · 2012
  3. Ingeniador, LLC v. InterwovenDistrict Court, D. Puerto Rico · 2012
  4. Gradient Enterprises, Inc. v. Skype Technologies S.A.District Court, W.D. New York · 2013
  5. Enthone Inc. v. BASF Corp.District Court, N.D. New York · 2015

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