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Case 1:17-cv-02097-RBJ Document 48 Filed 12/06/17 USDC Colorado Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`Civil Action No. 1:17-cv-02097
`
`REALTIME ADAPTIVE STREAMING, LLC
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`Plaintiff,
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`v.
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`SLING, TV L.L.C.,
`SLING MEDIA, INC.,
`SLING MEDIA, L.L.C.,
`ECHOSTAR TECHNOLOGIES, L.L.C.,
`DISH NETWORK, L.L.C., and ARRIS
`GROUP, INC.,
`
`
`Defendants.
`
`
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`MOTION FOR JUDGMENT ON THE PLEADINGS UNDER FED. R. CIV. P. 12(C)
`
`
`
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`Defendants Sling TV, L.L.C. and Sling Media, L.L.C. (collectively “Sling”) move for
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`judgment on the pleadings under Federal Rule of Civil Procedure 12(c). Realtime Adaptive
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`Streaming, L.L.C.’s (“Realtime’s”) complaint fails because the asserted patents are directed to
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`ineligible subject matter under Section 101 of the Patent Act. 35 U.S.C. § 101. Realtime’s
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`patents are directed to ineligible subject matter for the reasons identified in the Motion to
`
`Dismiss Under Fed. R. Civ. P. 12(b)(6). Dkt. No. 47; see Brokers’ Choice of Am., Inc. v. NBC
`
`Universal, Inc., 861 F.3d 1081, 1102 (10th Cir. 2017) (motions under 12(b)(6) and 12(c) are
`
`evaluated under the same standard); Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA,
`
`LLC, 635 F. App’x 914, 917 (Fed. Cir. 2015) (101 eligibility motions addressed under the same
`
`standard whether styled as 12(c) or 12(b)(6) motions).
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`

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`Case 1:17-cv-02097-RBJ Document 48 Filed 12/06/17 USDC Colorado Page 2 of 3
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`Dated: December 6, 2017
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`
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`
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`Respectfully submitted,
`
`By: /s/ Adam R. Shartzer
`Adam R. Shartzer
`DC Bar No. 994420
`shartzer@fr.com
`FISH & RICHARDSON P.C.
`901 15th St. N.W., 7th Fl.
`Washington, DC 20005-3500
`PH: 202-783-5070
`FX: 202-783-2331
`
`Attorney for Defendants Sling TV,
`L.L.C. and Sling Media, L.L.C.
`
`
`
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`

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`Case 1:17-cv-02097-RBJ Document 48 Filed 12/06/17 USDC Colorado Page 3 of 3
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`CERTIFICATE OF SERVICE
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`
`
`The undersigned certifies that on the December 6, 2017 the foregoing document was
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`electronically filed with the Clerk of the Court using the CM/ECF system in compliance with
`
`D.C.COLO.LCivR 5.1(d).
`
`Dated: December 6, 2017
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`
`
`
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`Respectfully submitted,
`
`
`
`By: /s/ Adam R. Shartzer
`Adam R. Shartzer
`DC Bar No. 994420
`
`shartzer@fr.com
`FISH & RICHARDSON P.C.
`901 15th St. N.W., 7th Fl.
`Washington, DC 20005-3500
`PH: 202-783-5070
`FX: 202-783-2331
`
`Attorney for Defendants Sling TV,
`L.L.C. and Sling Media, L.L.C
`
`
`
`
`
`

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