Weisner v. Google LLC

Filing 69

ORDER GRANTING MOTION TO DISMISS WITHOUT PREJUDICE. Further to my order, ECF No. 68, Defendant's motion to dismiss is granted on the grounds that what is alleged in each of the four patent claims is an abstract idea, Alice Corp. v. CLS Bank Int l, 573 U.S. 208, 217-18. (2014); In re TLI Commc'ns LLC Patent Litig., 823 F.3d 607, 611 (Fed. Cir. 2016), and also may be insufficient to satisfy the requirements of Section 112 of the patent laws, 35 U.S.C. § 112, as expressed during oral argument. Plaintiff is granted leave to file an amended complaint by January 26, 2021, that will show claims that are patentable. SO ORDERED., ( Amended Pleadings due by 1/26/2021.) (Signed by Judge Alvin K. Hellerstein on 1/5/21) (yv)

Case 1:20-cv-02862-AKH Document 69 Filed 01/05/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------- x
SHOLEM WEISNER and SHMUEL NEMANOV, :
:
Plaintiff and Involuntary Plaintiff, :
:
-against:
:
:
GOOGLE LLC.
:
:
Defendant.
--------------------------------------------------------------- x

ORDER GRANTING MOTION
TO DISMISS WITHOUT
PREJUDICE
20 Civ. 2862 (AKH)

ALVIN K. HELLERSTEIN, U.S.D.J.:
Further to my order, ECF No. 68, Defendant’s motion to dismiss is granted on the
grounds that what is alleged in each of the four patent claims is an abstract idea, Alice Corp. v.
CLS Bank Int’l, 573 U.S. 208, 217-18. (2014); In re TLI Commc'ns LLC Patent Litig., 823 F.3d
607, 611 (Fed. Cir. 2016), and also may be insufficient to satisfy the requirements of Section 112
of the patent laws, 35 U.S.C. § 112, as expressed during oral argument. Plaintiff is granted leave
to file an amended complaint by January 26, 2021, that will show claims that are patentable.
SO ORDERED.
Dated:

January 5, 2021
New York, New York

__________ /s/
___________
ALVIN K. HELLERSTEIN
United States District Judge