InterDigital Inc (IDCC)

[Paullee]

That's why the lawyers make so much, they can figure 6 ways to Sunday to confuse you

InterDigital, Inc. et al v. Lenovo (United States) Inc.et al

Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike
TEXT ORDER - This matter comes now before the court upon plaintiffs' motion to dismiss. DE 34 . As a general rule, "an amended pleading ordinarily supersedes the original and renders it of no legal effect." Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (internal quotations omitted); see also 6 Charles Alan Wright, et al., Fed. Prac. & Proc. § 1476 (3d ed. 1998) ("A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified.... Once an amended pleading is interposed, the original pleading no longer performs any function in the case"). Where defendants Lenovo (United States) Inc. and Motorola Mobility filed amended answer and counterclaims to plaintiffs' second amended complaint after plaintiffs filed the instant motion, said motion, DE 34 , is DENIED as MOOT. However, in the event plaintiffs' file a renewed motion to dismiss regarding count III of amended counterclaims, the parties may file a joint notice stating that they rely upon their prior briefs in lieu of refiling briefs, and the renewed motion will be submitted upon filing of such joint notice. Signed by District Judge Louise Wood Flanagan on 3/13/2024. (Collins, S)