Sirius’s motion to dismiss is based on an erroneous interpretation of a U.S. Court of Appeals for the Federal Circuit opinion that found its earlier dismissal bid inappropriate, the U.S. District Court for the District of Delaware said in a March 25 order.
“The Federal Circuit clearly instructed that SXM’s license defense cannot be resolved on a motion to dismiss,” the trial court said. “The court will abide by and follow the directives of the Federal Circuit ...
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