PA Advisors, LLC v. Google Inc. et al

Filing 44

***WITHDRAWN PER ORDER #80 *** MOTION to Dismiss Pursuant to Fed.R.Civ.P.12(b)(6) by ContextWeb, Inc.. (Attachments: #1 Text of Proposed Order Granting Defendant Contextweb, Inc.'s Motion to Dismiss Pursuant to FRCP 12(b)(6))(Hanft, James) Modified on 1/22/2008 (ch, ).

PA Advisors, LLC v. Google Inc. et al

Doc. 44

Case 2:07-cv-00480-TJW

Document 44

Filed 12/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHAL DIVISION ) ) ) Civil No.: 2:07-cv-00480-TJW ) ) ) ) ) ) )

PA ADVISORS, LLC Plaintiff, v. (1) GOOGLE, INC., et al., (2) YAHOO! INC., (3) FACEBOOK, INC., (4) CONTEXTWEB, INC., (5) SPECIFIC MEDIA, INC., (6) FAST SEARCH & TRANSFER ASA (7) FAST SEARCH & TRANSFER, INC., (8) AGENTARTS, INC., (9) SEEVAST CORPORATION, (10) PULSE 360, INC., (11) WPP GROUP USA, INC., (12) WPP GROUP PLC, AND (13) 24/7 REAL MEDIA, INC. Defendants.

DEFENDANT CONTEXTWEB, INC.'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6)

Defendant ContextWeb, Inc. ("ContextWeb") moves to dismiss the claims against it pursuant to Fed. R. Civ. P. 12(b)(6). The supporting memorandum and arguments submitted by Yahoo! Inc. and Facebook, Inc. are incorporated by reference, with facts specific to ContextWeb set forth below.

Dockets.Justia.com

Case 2:07-cv-00480-TJW

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Plaintiff PA Advisors, LLC ("PA Advisors") asserts U.S. Patent No. 6,199,067 against ContextWeb. The sole "facts" relating to infringement asserted against ContextWeb are made on information and belief, and fail to identify any specific product of, or act committed by, ContextWeb: Upon information and belief, Defendant ContextWeb has been and now is directly, literally and/or, upon information and belief, jointly, equivalently and/or indirectly infringing by way of inducing infringement by others and/or contributing to the infringement by others of the `067 Patent in the State of Texas, in this judicial district, and elsewhere in the United States by providing, among other things, methods and systems implemented by and through various websites that comprise systems and methods for automatically generating personalized user profiles and for utilizing the generated profiles to perform adaptive internet or computer data searches as covered by one or more claims of the `067 Patent. Defendant ContextWeb is thus liable for infringement pursuant to 35 U.S.C. § 271. Original Complaint for Patent Infringement, ¶ 23. PA Advisors allegations against ContextWeb are legally insufficient because they lack facts sufficient to support patent infringement. The Federal Rules of Civil Procedure require identification of specific facts, including the products accused of infringement. See Form 16, Appendix of Forms to the Federal Rules of Civil Procedure (identifying specific "electric motors" in sample Complaint for Infringement of Patent). As discussed extensively by Yahoo! Inc. and Facebook, Inc., the Supreme Court in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007) requires the pleading of facts sufficient to raise a right to relief above the speculative level. PA Advisors has failed to present even a single fact relating to ContextWeb's allegedly infringing activities. Instead, PA Advisors simply re-states the alleged coverage of the patent claims and attributes such actions to Contextweb. As such, it has failed to meet the required pleading standards.

-2DEFENDANT CONTEXTWEB, INC.'S MOTION TO DISMISS

Case 2:07-cv-00480-TJW

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Filed 12/26/2007

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Accordingly, ContextWeb respectfully requests that the Court dismiss the claims against them pursuant to Fed. R. Civ. P. 12(b)(6).

Respectfully Submitted, Dated: December 26, 2007 _s/ James E. Hanft James E. Hanft [e-mail] Melvin C. Garner [e-mail] Hiep Huu Nguyen [e-mail] 7 World Trade Center 250 Greenwich Street New York, NY 10007-0042 Tel: [phone] Fax: [phone] Matthew D. Orwig [e-mail] Sonnenschein Nath & Rosenthal L.L.P. 1717 Main Street, Suite 3400 Dallas, Texas 75201-7395 Tel: [phone] Fax: [phone] Attorneys for Defendant ContextWeb Inc.

-3DEFENDANT CONTEXTWEB, INC.'S MOTION TO DISMISS

Case 2:07-cv-00480-TJW

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CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a) and served on all counsel who have consented to electronic service pursuant to Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d), all counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by U.S. Mail, on this 26th day of December, 2007. Counsel Joseph Diamante Jenner & Block LLP [e-mail] Eric M. Albritton [e-mail] David J. Beck Beck Redden & Secrest [e-mail] Jason C White [e-mail] Miyoung Shin [e-mail] Richard D Watkins [e-mail] Brinks Hofer Gilson & Lione Michael Edwin Jones Potter Minton PC [e-mail] Darren E Donnelly [e-mail] Darryl M Woo [e-mail] David M Lacy Kusters [e-mail] Fenwick & West Jim Mitchell Smith [e-mail] Germer Gertz, L.L.P. David R Childress [e-mail] Witaker Chalk Swindle & Sawyer C Thomas Kruse [e-mail] Baker & Hostetler Party Represented Attorneys for PA Advisors, LLC Attorney for PA Advisors, LLC Attorneys for Google, Inc. Attorneys for Yahoo! Inc. Method of Service E-mail ECF ECF ECF

Attorneys for Yahoo! Inc. Attorneys for Facebook, Inc.

ECF ECF

Attorneys for Specific Media, Inc. Attorneys for Fast Search & Transfer ASA, Fast Search & Transfer, Inc. and AgentArts, Inc. Attorneys for Seevast Corporation and Pulse 360, Inc.

ECF ECF

ECF

-4DEFENDANT CONTEXTWEB, INC.'S MOTION TO DISMISS

Case 2:07-cv-00480-TJW

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Filed 12/26/2007

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Paul I Perlman [e-mail] Robert J Fluskey, Jr [e-mail] Hodgson Russ LLP Harry Lee Gillam, Jr [e-mail] Gillam & Smith, LLP James S Blank [e-mail] Latham & Watkins LLP

Attorneys for Seevast Corporation and Pulse 360, Inc.

ECF

Attorneys for WWP Group USA, Inc., WWP Group plc and 24/7 Real Media, Inc. Attorneys for WWP Group USA, Inc., WWP Group plc and 24/7 Real Media, Inc.

ECF ECF

____s/ James E. Hanft____________ James E. Hanft

-5DEFENDANT CONTEXTWEB, INC.'S MOTION TO DISMISS