DivX, LLC v. Hulu, LLC, 2021 U.S. Dist. LEXIS 193137

Summary

HOLDINGS: [1]-In this patent infringement case, defendant was entitled to partial summary judgment with respect to pre-suit damages because the patentee failed to comply with the marking requirements of 35 U.S.C.S. § 287(a), or otherwise failed to give notice of infringement, with respect to non-method claims. A patentee must plead compliance with 35 U.S.C.S. § 287(a) to properly plead pre-suit patent infringement damages flowing from non-method claims; [2]-Defendant was not entitled to summary judgment as to other causes of actions because the allegations in those causes plausibly pled method claims only.