`
`
`
`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
`RENEWED MOTION TO
`DISMISS PURSUANT TO
`FED. R. CIV. P. 12(B)(6)
`
`Hearing
`January 10, 2020
`Time:
`10:30 AM
`Courtroom 10A
`Judge:
`Hon. Josephine L. Staton
`
`Defendants.
`
`v.
`INFOR, INC.,
`
`
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`Gibson, Dunn &
`Crutcher LLP
`
`
`INFOR’S RENEWED MOTION TO DISMISS
`
`
`
`
`CASE NO. 8:19-cv-01150-JLS-ADS
`
`
`
`Case 8:19-cv-01150-JLS-ADS Document 35 Filed 10/31/19 Page 2 of 4 Page ID #:356
`
`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE that on January 10, 2020, 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 amendment, to plead both a plausible case of
`infringement and a plausible allegation that Uniloc gave Infor pre-suit notice of
`infringement under 35 U.S.C. § 287(a) 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 Renewed 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 October 15, 2019. The parties were not able to
`reach an agreement, as discussed in the Declaration of Paul E. Torchia filed
`concurrently herewith.
`
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`Gibson, Dunn &
`Crutcher LLP
`
`
`INFOR’S RENEWED MOTION TO DISMISS
`
`1
`
`
`CASE NO. 8:19-cv-01150-JLS-ADS
`
`
`
`Case 8:19-cv-01150-JLS-ADS Document 35 Filed 10/31/19 Page 3 of 4 Page ID #:357
`
`Dated: October 31, 2019
`
`
`
`
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`
`
`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.
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`Gibson, Dunn &
`Crutcher LLP
`
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`INFOR’S RENEWED MOTION TO DISMISS
`
`2
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`CASE NO. 8:19-cv-01150-JLS-ADS
`
`
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`Case 8:19-cv-01150-JLS-ADS Document 35 Filed 10/31/19 Page 4 of 4 Page ID #:358
`
`
`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 October 31, 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 October 31, 2019, at New York, New York.
`
`
`
`
`By: /s/ Paul E. Torchia
`Paul E. Torchia
`
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`Gibson, Dunn &
`Crutcher LLP
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`INFOR’S RENEWED MOTION TO DISMISS
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`3
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`
`CASE NO. 8:19-cv-01150-JLS-ADS
`
`
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