`
`
`
`JOSHUA A. KREVITT, SBN 208552
`jkrevitt@gibsondunn.com
`PAUL E. TORCHIA (pro hac vice)
`ptorchia@gibsondunn.com
`FLORINA YEZRIL (pro hac vice)
`fyezril@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`200 Park Avenue
`New York, NY 10166-0193
`Telephone: 212.351.4000
`Facsimile: 212.351.4035
`
`JENNIFER J. RHO, SBN 254312
`jrho@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`333 South Grand Avenue
`Los Angeles, CA 90071-3197
`Telephone: 213.229.7000
`Facsimile: 213.229.7520
`
`ANDREW ROBB, SBN 291438
`arobb@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`1881 Page Mill Road
`Palo Alto, CA 94304-1211
`Telephone: 650.849.5300
`Facsimile: 650.849.5333
`Attorneys for Defendant Infor, Inc.
`
`
`UNILOC 2017 LLC,
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
`
`
`CASE NO. 8:19-cv-01150-JLS-ADS
`
`DEFENDANT INFOR, INC.’S
`NOTICE OF MOTION AND MOTION
`TO DISMISS PLAINTIFF’S
`COMPLAINT PURSUANT TO FED.
`R. CIV. P. 12(B)(6)
`
`Hearing
`November 8, 2019
`Time:
`10:30 AM
` Courtroom 10A
`Judge:
`Hon. Josephine L. Staton
`
`Defendants.
`
`v.
`INFOR, INC.,
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Gibson, Dunn &
`Crutcher LLP
`
`
`
`INFOR’S MOTION TO DISMISS UNILOC’S COMPLAINT
`
`CASE NO. 8:19-cv-01150-JLS-ADS
`
`
`
`Case 8:19-cv-01150-JLS-ADS Document 26 Filed 09/19/19 Page 2 of 4 Page ID #:116
`
`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE that on November 8, 2019, at 10:30 AM, in
`
`Courtroom 10A of the United States District Court for the Central District of
`California at Ronald Reagan Federal Building and United States Courthouse, 411 W.
`Fourth Street, Santa Ana, California, 92701, Defendant Infor, Inc. (“Infor”) will and
`hereby does move the Court to dismiss with prejudice all claims asserted by Plaintiff
`Uniloc 2017 LLC (“Uniloc”) against Infor in the above-captioned matter under Federal
`Rule of Civil Procedure 12(b)(6) on the following grounds:
`Uniloc has failed, after numerous opportunities to amend, to plead a plausible
`case of infringement in accordance with Ashcroft v. Iqbal, 556 U.S. 662 (2009) and
`Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007).
`This Motion is based on this Notice of Motion and Motion, the Memorandum of
`Points and Authorities included herein, the accompanying documents, all further
`pleadings that will be filed by Defendant Infor herein, the paper and records on file
`herein, and on such further evidence and argument as the Court may permit or require
`at or prior to the time of the hearing on this Motion.
`RELIEF SOUGHT
`Infor seeks an order dismissing Plaintiff’s claims with prejudice.
`LOCAL RULE 7-3 STATEMENT
`This Motion is made following the telephonic conference of counsel pursuant to
`Local Rule 7-3, which took place on September 12. The parties were not able to reach
`an agreement, as discussed in the Declaration of Paul E. Torchia filed concurrently
`herewith.
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Gibson, Dunn &
`Crutcher LLP
`
`1
`
`INFOR’S MOTION TO DISMISS UNILOC’S COMPLAINT
`
`CASE NO. 8:19-cv-01150-JLS-ADS
`
`
`
`Case 8:19-cv-01150-JLS-ADS Document 26 Filed 09/19/19 Page 3 of 4 Page ID #:117
`
`Dated: September 19, 2019
`
`
`
`Respectfully submitted,
`JOSHUA A. KREVITT
`PAUL E. TORCHIA
`FLORINA YEZRIL
`JENNIFER J. RHO
`ANDREW ROBB
`GIBSON, DUNN & CRUTCHER LLP
`
`
`By: /s/ Paul E. Torchia
`Paul E. Torchia
`
`Attorneys for Defendant Infor, Inc.
`
`1 2 3 4 5 6 7 8 9
`
`
`
`
`
`
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Gibson, Dunn &
`Crutcher LLP
`
`2
`
`INFOR’S MOTION TO DISMISS UNILOC’S COMPLAINT
`
`CASE NO. 8:19-cv-01150-JLS-ADS
`
`
`
`Case 8:19-cv-01150-JLS-ADS Document 26 Filed 09/19/19 Page 4 of 4 Page ID #:118
`
`
`PROOF OF SERVICE
`I, the undersigned, declare:
`
`I am employed in the City of New York, State of New York. I am over the age
`
`of 18 and not a party to the within action. My business address is 200 Park Avenue,
`New York, NY 10166.
`
`On September 19, 2019, I caused the foregoing document to be electronically
`filed with the Clerk of the Court using the CM/ECF system, which will send
`notification of such filings to all known counsel of record. I declare under penalty of
`perjury under the laws of the United States of America and the State of California that
`the above is true and correct.
`
`Executed on September 19, 2019, at New York, New York.
`
`
`
`
`By: /s/ Paul E. Torchia
`Paul E. Torchia
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Gibson, Dunn &
`Crutcher LLP
`
`3
`
`INFOR’S MOTION TO DISMISS UNILOC’S COMPLAINT
`
`CASE NO. 8:19-cv-01150-JLS-ADS
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
