`
`
`
`Matthew G. Berkowitz (SBN 310426)
`matthew.berkowitz@shearman.com
`Yue (Joy) Wang (SBN 300594)
`joy.wang@shearman.com
`SHEARMAN & STERLING LLP
`1460 El Camino Real, 2nd Floor
`Menlo Park, CA 94025
`Telephone: 650.838.3600
`Fax: 650.838.3699
`
`L. Kieran Kieckhefer (SBN 251978)
`kieran.kieckhefer@shearman.com
`SHEARMAN & STERLING LLP
`535 Mission Street, 25th Floor
`San Francisco, CA 94105
`Telephone: 415.616.1100
`Fax: 415.616.1199
`
`
`Attorneys for Defendant NetSuite Inc.
`
`
`UNILOC 2017 LLC,
`
`Plaintiff,
`
`v.
`
`NETSUITE INC.,
`
`Defendant.
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
`
` Case No. 8:19-cv-01151-JLS-DFM
`
`NETSUITE’S NOTICE OF
`MOTION AND MOTION TO
`DISMISS FIRST AMENDED
`COMPLAINT
`Judge:
`Hon. Josephine L. Staton
`Date:
`December 13, 2019
`Time:
`10:30 AM
`Location:
`Ronald Reagan Federal
`Building, Courtroom 10A
`
`
`
`
`
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`NETSUITE’S NOT. OF MOT. & MOT. TO DISMISS
`1ST AMENDED COMPL.
`
`
`
`CASE NO. 8:19-cv-01151-JLS-DFM
`
`
`
`Case 8:19-cv-01151-JLS-DFM Document 27 Filed 10/16/19 Page 2 of 2 Page ID #:246
`
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`TO PLAINTIFF UNILOC 2017 LLC AND ITS COUNSEL OF RECORD:
`PLEASE TAKE NOTICE that on December 13, 2019, at 10:30 a.m., or as soon
`thereafter as counsel may be heard, in Courtroom 10A before the Honorable
`Josephine L. Staton of the United States District Court for the Central District of
`California, located at 411 West Fourth Street, Santa Ana, California 92701-4516,
`defendant NetSuite Inc. (“NetSuite”) will, and hereby does, move to dismiss plaintiff
`Uniloc 2017 LLC’s (“Uniloc”) claims in its First Amended Complaint for patent
`infringement of U.S. Patent Nos. 6,324,578 and 7,069,293.
`NetSuite makes this motion pursuant to Federal Rule of Civil Procedure
`12(b)(6) on the ground that Uniloc’s First Amended Complaint, like its original
`Complaint, fails to state a plausible claim for infringement under a claim construction
`ruling that was already issued on these same two asserted patents by Judge Schroeder
`in the United States District Court for the Eastern District of Texas.
`This motion is supported by the attached Memorandum of Points and
`Authorities; the files, records, and pleadings in this action; and any arguments
`presented at the time of the hearing on this motion.
`LOCAL RULE 7-3 STATEMENT
`This motion is made following the conference of counsel pursuant to Local
`Rule 7-3, which took place on October 4, 2019. Counsel for Plaintiff indicated that
`Plaintiff would oppose the present motion.
`Dated: October 16, 2019
`Respectfully submitted,
`SHEARMAN & STERLING LLP
`
`/s/ Matthew G. Berkowitz
`Matthew G. Berkowitz
`
`Attorney for Defendant NetSuite Inc.
`
`
`
`
`
`NETSUITE’S NOT. OF MOT. & MOT. TO DISMISS
`1ST AMENDED COMPL.
`
`
`
`CASE NO. 8:19-cv-01151-JLS-DFM
`
`
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