Pragmatus AV, LLC v. Facebook, Inc.

Filing 15

MOTION for More Definite Statement by Facebook, Inc.. (Attachments: # 1 Proposed Order)(Wilcox, Justin)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

PRAGMATUS AV, LLC,

Civil Action No. 2:10-cv-00560-HCM/FBS

Plaintiff,
v.
FACEBOOK, INC.,
Defendant.

[PROPOSED] ORDER GRANTING DEFENDANT FACEBOOK, INC.’S RULE 12(b)(6)
MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR A
MORE DEFINITE STATEMENT
The above matter having come before the Court on Facebook, Inc.’s (“Facebook”) Rule
12 (b)(6) Motion to Dismiss Plaintiff’s Complaint, or in the Alternative, for a More Definite
Statement, and the Court having considered the motion and arguments in support thereof and any
opposition thereto, it is
ORDERED and ADJUDGED as follows:
1.

The Plaintiff’s allegations of direct infringement against Facebook (Complaint ¶¶

8, 12) are hereby DISMISSED for failure to state a claim upon which relief can be granted.
2.

The Plaintiff’s allegations of induced infringement against Facebook (Complaint

¶¶ 9, 13) are hereby DISMISSED for failure to state a claim upon which relief can be granted.
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1.

3.

The Plaintiff’s allegations of contributory infringement against Facebook

(Complaint ¶¶ 9, 13) are hereby DISMISSED for failure to state a claim upon which relief can be
granted.
So ORDERED this ____ day of _______, 2011.

______________________________
The Honorable Henry C. Morgan, Jr.
United States District Court Judge

2.

CERTIFICATE OF SERVICE
I hereby certify that on the 25th day of January, 2011, I will electronically file the foregoing
[PROPOSED] ORDER GRANTING DEFENDANT FACEBOOK, INC.’S RULE 12(b)(6)
MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR A MORE DEFINITE
STATEMENT with the Clerk of the Court using the CM/ECF system, which will then send a
notification of such filing (NEF) to the following:

Mark W. Wasserman (VSB #22638)
Matthew R. Sheldon (VSB #41892)
Counsel for Plaintiff, Pragmatus AV, LLC
REED SMITH LLP
3110 Fairview Park Drive
Suite 1400
Falls Church, Virginia 22042
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

/s/ Justin P.D. Wilcox
Justin P.D. Wilcox (Va. Bar No. 66067)
[e-mail]
COOLEY LLP
One Freedom Square, Reston Town Center
11951 Freedom Drive
Reston, VA 20190-5656
Telephone: [phone]
Facsimile: 703.456.8100
Attorneys for Facebook, Inc.