Bartonfalls LLC v. Turner Broadcasting System, Inc.

Filing 47

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
MARSHALL DIVISION
Bartonfalls LLC,
v.
Turner Broadcasting System, Inc.

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Case No. 2:16-CV-1130-JRG-RSP
LEAD CASE

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