FotoMedia Technologies, LLC v. AOL, LLC. et al

Filing 42

MOTION to Dismiss Photobucket Inc.'s Motion to Dismiss or, in the Alternative, For a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof by Photobucket.com, Inc.. (Attachments: #1 Text of Proposed Order)(Gillam, Harry)

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FotoMedia Technologies, LLC v. AOL, LLC. et al Doc. 42 Att. 1 Case 2:07-cv-00255-TJW-CE Document 42 Filed 09/07/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FOTOMEDIA TECHNOLOGIES, LLC Plaintiff, v. AOL LLC, AMERICA ONLINE, INC., PHOTOBUCKET.COM, INC., SHUTTERFLY, INC., CNET NETWORKS, INC., AND YAHOO! INC., Defendants. § § § § § § § § § § § § Case No. 2:07-CV-255-TJW Judge: Honorable T. John Ward [PROPOSED] ORDER GRANTING PHOTOBUCKET INC. 'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FRCP 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT This matter came before the Court pursuant to Defendant Photobucket Inc.'s Motion To Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6), Or In The Alternative, Motion for a More Definite Statement. Based on the briefs, supporting papers and proceedings herein, and for good cause shown, Defendant's Motion is hereby GRANTED. IT IS HEREBY ORDERED that: [Plaintiff PhotoMedia Technologies LLC's claims for willful infringement, inducement, and contributory infringement are dismissed for failure to state a claim upon which relief can be granted under Fed. R. Civ. P. 12(b)(6). ] [Plaintiff PhotoMedia Technologies LLC's prayers for relief related to indirect infringement and willful infringement are stricken.] [Proposed] Order Granting Motion to Dismiss Dockets.Justia.com Case 2:07-cv-00255-TJW-CE Document 42 Filed 09/07/2007 Page 2 of 2 [Under Fed. R. Civ. P. 12(e), PhotoMedia Technologies LLC has ____ days from the date of this ORDER to file and serve an Amended Complaint to provide a more definite statement of the allegations presented in its claims for willful infringement, inducement, and contributory infringement.] -2[Proposed] Order Granting Motion to Dismiss

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