Falkon Treasures LLC v. Adidas America, Inc.

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION for 35 Report and Recommendations. Motions to dismiss filed by Defendants Burlington Coat Factory Direct Corporation (Dkt. No. 15), Adidas America, Inc. (Dkt. No. 20), and Limited Stores, LLC (Dkt. No. 22) are GRANTED, and Falkons Complaints are hereby DISMISSED Signed by Judge Rodney Gilstrap on 4/17/2017. (slo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
FALKON TREASURES LLC,

Plaintiff,
v.
ADIDAS AMERICA, INC.,

Defendant.

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Case No. 2:16-CV-00653-JRG-RSP

ORDER
Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on
December 26, 2016 (Dkt. No. 35) recommending that motions to dismiss filed by Defendants
Burlington Coat Factory Direct Corporation (Dkt. No. 15), Adidas America, Inc. (Dkt. No. 20),
and Limited Stores, LLC (Dkt. No. 22) be granted. Judge Payne found that the patent claims
asserted by Plaintiff Falkon Treasures LLC (“Falkon”) fail to recite patentable subject-matter
under 35 U.S.C. § 101, and thus Falkon had failed to state a cognizable claim under Rule 12(b)(6).
Dkt. No. 35. Having considered the objections to Judge Payne’s Report and Recommendation filed
by Falkon and finding them to be without sufficient merit, the Report and Recommendation is
ADOPTED.
The motions to dismiss filed by Defendants Burlington Coat Factory Direct Corporation
(Dkt. No. 15), Adidas America, Inc. (Dkt. No. 20), and Limited Stores, LLC (Dkt. No. 22) are
GRANTED, and Falkon’s Complaints are hereby DISMISSED. A separate Order entering Final
Judgment will follow. See Fed. R. Civ. Proc. 58(a).

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 17th day of April, 2017.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE