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Case 1:16-cv-00116-RGA Document 10 Filed 04/29/16 Page 1 of 3 PageID #: 192
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`SOUND VIEW INNOVATIONS, LLC,
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`C.A. No. 16-116 (RGA)
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`Plaintiff,
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`v.
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`FACEBOOK, INC.,
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`Defendant.
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`DEFENDANT FACEBOOK, INC.’S RULE 12(B)(6) MOTION TO DISMISS FOR
`LACK OF PATENTABLE SUBJECT MATTER PURSUANT TO 35 U.S.C. § 101
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`Pursuant to Federal Rule of Civil Procedure (12)(b)(6), Defendant Facebook, Inc. moves
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`to dismiss count six of the Complaint for asserting infringement of a patent lacking patentable
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`subject matter pursuant to 35 U.S.C. § 101. The grounds for this motion are set forth in
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`Defendant’s Opening Brief, submitted herewith.
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Karen Jacobs
`____________________________________
`Jack B. Blumenfeld (#1014)
`Karen Jacobs (#2881)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`kjacobs@mnat.com
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`Attorneys for Defendant Facebook, Inc.
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`OF COUNSEL:
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`Heidi Keefe
`Sarah Whitney
`Elizabeth Stameshkin
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`(650) 843-5000
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`Phillip E. Morton
`COOLEY LLP
`1299 Pennsylvania Avenue, NW
`Suite 700
`Washington, DC 20004
`(202) 842-7800
`
`April 29, 2016
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`

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`Case 1:16-cv-00116-RGA Document 10 Filed 04/29/16 Page 2 of 3 PageID #: 193
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`SOUND VIEW INNOVATIONS, LLC,
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`C.A. No. 16-116 (RGA)
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`)))))))))
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`Plaintiff,
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`v.
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`FACEBOOK, INC.,
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`Defendant.
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`PROPOSED ORDER GRANTING DEFENDANT FACEBOOK, INC.’S
`RULE 12(B)(6) MOTION TO DISMISS FOR
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`The Court, having considered Defendant Facebook, Inc.’s motion, and the parties’
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`positions and arguments related thereto, orders as follows:
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`IT IS SO ORDERED that Facebook, Inc.’s Motion to Dismiss Pursuant to Fed. R. Civ. P.
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`12(b)(6) is GRANTED in its entirety. Count Six of Plaintiff’s Complaint is DISMISSED for
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`failing to state a claim on which relief can be granted.
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`HON. RICHARD G. ANDREWS
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`Case 1:16-cv-00116-RGA Document 10 Filed 04/29/16 Page 3 of 3 PageID #: 194
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 29, 2016, I caused the foregoing to be electronically
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`filed with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
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`registered participants.
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`I further certify that I caused copies of the foregoing document to be served on
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`April 29, 2016, upon the following in the manner indicated:
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`John C. Phillips, Jr., Esquire
`Megan C. Haney, Esquire
`PHILLIPS, GOLDMAN, MCLAUGHLIN & HALL, P.A.
`1200 North Broom Street
`Wilmington, DE 19806-4204
`Attorneys for Plaintiff
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`Alan S. Kellman, Esquire
`Tamir Packin, Esquire
`Tom BenGera, Esquire
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Attorneys for Plaintiff
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Karen Jacobs
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`Karen Jacobs (#2881)

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