Personalized Media Communications, LLC v. Samsung Electronics America, Inc. et al

Filing 102

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 93 Report and Recommendations. Signed by Judge Rodney Gilstrap on 9/29/2016. (ch, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PERSONALIZED MEDIA
COMMUNICATIONS, LLC,
Plaintiff,
v.
SAMSUNG ELECTRONICS AMERICA,
INC. & SAMSUNG ELECTRONICS CO.,
LTD.,
Defendants.

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Case No. 2:15-cv-1754-JRG-RSP

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation of Magistrate Judge Payne (Dkt.

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No. 93) concluding that Samsung’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim
(Dkt. 23) be denied because the asserted patents are directed to patent-eligible subject matter
under 35 U.S.C. § 101. After reviewing the record and the objections de novo, the Court finds
that the Magistrate Judge’s Report and Recommendation should be ADOPTED. (Dkt. No. 93.)
Accordingly, Defendant’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Dkt.
No. 23) is DENIED.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 29th day of September, 2016.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE