`
`
`
`BRIAN J. DUNNE (Bar No. 275689)
`OLAVI DUNNE LLP
`800 Wilshire Blvd., Suite 320
`Los Angeles, California 90017
`Telephone: (213) 516-7900
`Facsimile: (213) 516-7910
`bdunne@olavidunne.com
`
`Attorneys for Defendant TICKETBISCUIT, LLC
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`Case No. 3:13-cv-0352-JLS-NLS
`)
`AMERANTH, INC.,
`
`)
`
`NOTICE OF MOTION AND
`)
`MOTION TO DISMISS
`)
`AMERANTH’S COMPLAINT FOR
`)
`PATENT INFRINGEMENT
`
`)
`Date: July 11, 2013
`)
`Time: 1:30 p.m.
`)
`Courtroom: 6
`Judge: Hon. Janis L. Sammartino
`)
`
`)
`Complaint Filed: Feb. 13, 2013
`)
`
`TRIAL BY JURY DEMANDED
`)
`
`Plaintiff,
`
`
`
`v.
`
`TICKETBISCUIT, LLC,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`Case No. 3:13-cv-0352-JLS-NLS
`TICKETBISCUIT’S NOTICE OF MOTION AND MOTION TO DISMISS
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`Case 3:13-cv-00352-DMS-WVG Document 12 Filed 04/22/13 PageID.101 Page 2 of 2
`
`
`
`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE that on July 11, 2013, at 1:30 p.m., at such date as the
`Court may order, in the Courtroom of the Honorable Janis L. Sammartino,
`Courtroom 6, United States District Court for the Southern District of California,
`located at Edward J. Schwartz U.S. Courthouse, 221 West Broadway, San Diego,
`California, TicketBiscuit, LLC (“TicketBiscuit”) will, and hereby does, move to
`dismiss Ameranth’s Complaint for Patent Infringement (Doc. 1).
`Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, TicketBiscuit
`respectfully moves this Court to dismiss the claims for patent infringement asserted
`against it, including claims for indirect and willful infringement. The Complaint for
`Patent Infringement fails to allege facts that state a plausible claim for relief.
`Accordingly, the Plaintiff’s claims against Defendants should be dismissed.
`This Motion is based on this Notice of Motion and Motion, the accompanying
`Memorandum of Points and Authorities, the Court’s record on this matter, the
`arguments of counsel, and other evidence and arguments that may be presented prior
`to the Court’s decision on this Motion.
`
`Dated: April 22, 2013
`
`Respectfully submitted,
`OLAVI DUNNE LLP
`
`By: /s/ Brian J. Dunne
`Brian James Dunne
`Attorneys for Defendant
`TICKETBISCUIT, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. 3:13-cv-0352-JLS-NLS
`1
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