Bartonfalls LLC v. Turner Broadcasting System, Inc.
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 43 Report and Recommendations. Signed by Judge Rodney Gilstrap on 4/7/17. (mrm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
Turner Broadcasting System, Inc.
Case No. 2:16-CV-1130-JRG-RSP
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation filed by Magistrate Judge Roy Payne on
March 15, 2017 (Dkt. No. 43) recommending granting of Dkt. No. 42, Defendants’ Motion to
Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (the “Motion”).
states two reasons supporting dismissal of this case.
The Report and Recommendation
First, the Report and Recommendation
concluded that all allegations concerning U.S. Patent 9,094,694 should be dismissed because the
patent expired before it issued. Second, with respect to the other two asserted patents and the
remaining claims, the Report and Recommendation concluded that Plaintiff has no plausible basis
for alleging that the claim limitation “TV Channel” covers URLs.
Having considered the Motion and the Report and Recommendation, the Court agrees.
Plaintiff also has not made a timely objection to the Report and Recommendation. Therefore, the Court
is of the opinion that the Recommendation should be and hereby is ADOPTED and the Motion (Dkt.
No. 43) is GRANTED. The Complaint fails to state a claim for patent infringement and all claims
against all Defendants are DISMISSED WITH PREJUDICE.
So Ordered this
Apr 7, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?