United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION & ORDER
MCBRYDE UNITED STATES DISTRICT JUDGE
for consideration the partial motion to dismiss by
defendants, Kingdom Downhole Tools, LLC, Trea H. Baker, and
Justice Baker. The court, having considered the motion, the
response, the reply, the record, and applicable authorities,
finds that such motion should be denied.
August 26, 2019, plaintiff, Diamondback Industries, Inc.,
filed its first amended complaint, wherein it asserted,
inter alia, claims of patent infringement and
violation of the Digital Millennium Copyright Act
("DMCA"), 17 U.S.C. § 1202(b), against
defendants. Doc. 65 at 22-23. On September 6, 2019,
defendants filed the partial motion to dismiss
plaintiff's first amended complaint, arguing for the
dismissal of the DMCA claim for failure to state a claim upon
which relief may be granted and of the patent infringement
claim for failure to join a necessary-party. Doc. 69. On
November 6, 2019, defendants withdrew the motion as
to the patent infringement claim. Doc. 82.
of the Motion
assert that plaintiff's DMCA cause of action should be
dismissed for failure to state a claim for which relief may
be granted because copyright registration, which plaintiff
admits it lacks, is a prerequisite for bringing suit under
the DMCA. DOC 69 at 9; Doc . 74 at 12 .
8(a)(2} of the Federal Rules of Civil Procedure provides, in
a general way, the applicable standard of pleading. It
requires that a complaint contain "a short and plain
statement of the claim showing that the pleader is entitled
to relief," Fed.R.Civ.P. 8(a)(2), "in order to give
the defendant fair notice of what the claim is and the
grounds upon which it rests." Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (internal quotation
marks and ellipsis omitted) . Although a complaint need not
contain detailed factual allegations, the "showing"
contemplated by Rule 8 requires the plaintiff to do more than
simply allege legal conclusions or recite the elements of. a
cause of action. Id. at 555 & n.3. Thus, while a
court must accept all of the factual allegations in the
complaint as true, it need not credit bare legal conclusions
that are unsupported by any factual underpinnings. See
Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) ("While
legal conclusions can provide the framework of a complaint,
they must be supported by factual allegations.")
to survive a motion to dismiss for failure to state a claim
for which relief may be granted, the facts pleaded must allow
the court to infer that the plaintiff's right to relief
is plausible. Id., at 678. To allege a plausible
right to relief, the facts pleaded must suggest liability;
allegations that are merely consistent with unlawful conduct
are insufficient. Twombly, 550 U.S. at 566-69.
"Determining whether a complaint states a plausible
claim for relief . . . [is] a context-specific task that
requires the reviewing court to draw on its judicial
experience and common sense." Iqbal, 556 U.S.
at 679. A court may dismiss a claim where a plaintiff fails
to meet a prerequisite to filing suit. See, e.g., Fourth
Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 139
S.Ct. 881, 892 (2019) .