DIEBOLD, INCORPORATED v. CONTENT EXTRACTION AND TRANSMISSION LLC et al
Filing
76
MEMORANDUM and OPINION Filed.. Signed by Judge Michael A. Shipp on 7/31/2013. (kas, )
.
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CONTENT EXTRACTION AND
TRANSMISSION LLC,
Plaintiff,
No. 12-2501 (MAS) (TJB)
v.
WELLS FARGO BANK, NATIONAL
ASSOCIATION,
Defendant.
CONTENT EXTRACTION AND
TRANSMISSION LLC,
Plaintiff,
No. 12-6960 (MAS) (TJB)
v.
THE PNC FINANCIAL SERVICES
GROUP, INC., et al.,
MEMORANDUM OPINION
Defendants.
SIDPP, District .Judge
This matter comes before the Court on Defendant the PNC Financial Services Group,
Inc., and PNC Bank, N.A.'s (collectively, "PNC" or "Defendant"), 1 Motion to Dismiss pursuant
to Federal Rule of Civil Procedure ("Rule") 12(b)(6). (Def.'s Br., ECF No. 6-1.) 2 Plaintiff
Content Extraction and Transmission LLC ("Plaintiff' or "CET"), filed Opposition. (Pl.'s Opp'n,
1
For purposes of this Opinion, the Court refers to the PNC entities as a single defendant.
2
All cites to the record, unless noted otherwise, are to CET v. PNC, Civil Action No. 12-6960.
ECF No. 8.) Defendant filed a Reply. (ECF No. 9.) The Court has carefully considered the
Parties' submissions and decided the matter without oral argument pursuant to Local Civil Rule
78.1. For the reasons set forth below, and other good cause shown, Defendant's Motion to
Dismiss is GRANTED because Plaintiff's U.S Patent Nos. 5,258,855 (the "855 Patent"),
5,369,508 (the "508 Patent"), 5,625,465 (the "465 Patent"), and 5,768,416 (the "416 Patent")
(collectively, "the Patents-in-Suit") are invalid as abstract ideas not patentable under 35 U.S.C.
§ 101.
I.
Background
A.
Factual History
The following facts are drawn from the Complaint and taken as true for purposes of this
Opinion. Plaintiff CET is a limited liability company organized under the laws of the State of
New Jersey and has its principal place of business in New Jersey. (Compl.
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