Who owns skype technologies inc1/9/2023 ![]() Based on those allegations, Gradient pleads three causes of action. Gradient alleges both that defendants directly infringe the '207 patent, and that they induce or contribute to others’ infringement. “More particularly,” the complaint goes on, “the defendants infringe the '207 patent through their peer-to-peer methods and systems for Voice over Internet Protocol (‘VoIP’) communications.” Complaint ¶ 14. Gradient alleges, on information and belief, that “the defendants manufacture, make, use, sell and/or offer to sell methods and/or systems that infringe at least one or more of the claims of the '207 patent.” Complaint ¶ 12. The '207 patent was issued in 2010, for a “Method for Detecting, Reporting and Responding to Network Node-Level Events and a System Thereof.” Complaint Ex. is a foreign corporation based in Luxembourg. is a Delaware corporation with its principal place of business in California. BACKGROUND The complaint alleges that Gradient is a New York corporation that owns United States Patent No. New York City Administrator for Children’s Services, No. 1243 (2008), including extensions nunc pro tunc, see, e.g., Harper v. In any event, “district courts have discretion to grant extensions even in the absence of good cause,” Zapata v. Plaintiff, however, has since re-served Skype, S.A., and defense counsel has conceded in a letter to the Court that its motion to dismiss for insufficient service of process is moot. ![]() ![]() ![]() also moved to dismiss the complaint for insufficient service of process, under Rule 12(b)(5). Defendants (who are both represented by the same counsel) have separately moved to dismiss the 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 plaintiff’s filing of an amended complaint. (“Gradient”) filed this patent infringement action against Skype, Inc. _ INTRODUCTION On December 21, 2010, plaintiff Gradient Enterprises, Inc. SKYPE TECHNOLOGIES S.A., SKYPE, INC., Defendants. 37 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _ GRADIENT ENTERPRISES, INC., Plaintiff, DECISION AND ORDER 10-CV-6712L v. ![]()
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