RE: Aries Update7 Jan 2021 20:16
Page 17
6 As to the ’913 Patent, Defendants are correct that Aries inadvertently erroneously omitted the final sentence of the patent’s first claim in Complaint ¶ 65. Motion, at 17-18. However, Aries’ minor error does not warrant dismissal of the claim in its entirety, particularly as Aries included the entire ’913 Patent as Exhibit 4, including its full claim set, thereby providing Defendants with adequate notice of the alleged infringed claim’s full scope. See InCom Corp. v. Walt Disney Co., 2016 U.S. Dist. LEXIS 71319, *8.