GemShares, LLC v. Lipton, et al., No. 17 C 6221, Slip Op. (N.D. Ill. Feb. 11, 2018) (Kennelly, J.).
Judge Kennelly granted in part defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss certain counts of plaintiff GemShares’ complaint in this patent case involving methods for using gems in financial and commercial transactions.
Defendants contended that by amending its complaint to give up certain claims of another patent, GemShares waived its claims as to claims 7 through 11 of the patent in suit. While the Court did not see why dismissing claims of one patent would have an impact on the viability of claims from another, the Court granted the motion because GemShares failed to respond to the issue at all in its papers.
Defendants’ fiduciary duties and duty of loyalty to GemShares did not prevent defendants from challenging the validity of the patent. The Court did reserve the right to reconsider the issue later in discovery, where the Court might have factual bases for evaluating GemShares’ claims.
The Court denied defendants’ motion to dismiss claims against the individual defendant. GemShares adequately pled its case. While it may eventually be dismissed on summary judgment, this was merely a motion to dismiss.