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Case 2:12-cv-02783-JPM-cgc Document 29 Filed 01/25/13 Page 1 of 2 PageID 86
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
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`Plaintiff/Counter-Defendant,
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`v.
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`TWITTER, INC.,
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`Defendant/Counterclaimant.
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`Case No. 2:12-cv-02783 JPM cgc
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`JURY DEMAND
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`
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`PLAINTIFF B.E. TECHNOLOGY, L.L.C.’S MOTION TO DISMISS UNDER
`FED. R. CIV. P. 12(b)(6) AND MOTION TO STRIKE UNDER FED. R. CIV. P. 12(f)
`
`Plaintiff B.E. Technology, L.L.C. (“B.E.”) respectfully moves this Court for an order
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`dismissing Defendant’s Counterclaims for failure to state a claim upon which relief can be
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`granted pursuant to Federal Rule of Civil Procedure 12(b)(6) and an order striking Defendant’s
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`Affirmative Defenses pursuant to Federal Rule of Civil Procedure 12(f). The facts and legal
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`authorities supporting this relief are set forth in the accompanying memorandum.
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`Dated: January 25, 2013
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`Respectfully submitted,
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`
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`s/Daniel J. Weinberg
`Robert E. Freitas (CA Bar No. 80948)
`Craig R. Kaufman (CA Bar No. 159458)
`Daniel J. Weinberg (CA Bar No. 227159)
`James Lin (CA Bar No. 241472)
`Qudus B. Olaniran (CA Bar No. 267838)
`FREITAS TSENG & KAUFMAN LLP
`100 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`Telephone: (650) 593-6300
`Facsimile: (650) 593-6301
`rfreitas@ftklaw.com
`ckaufman@ftklaw.com
`dweinberg@ftklaw.com
`jlin@ftklaw.com
`
`- 1 -
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`

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`Case 2:12-cv-02783-JPM-cgc Document 29 Filed 01/25/13 Page 2 of 2 PageID 87
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`qolaniran@ftklaw.com
`
`
`Richard M. Carter (TN B.P.R. #7285)
`Adam C. Simpson (TN B.P.R. #24705)
`MARTIN, TATE, MORROW & MARSTON, P.C.
`6410 Poplar Avenue, Suite 1000
`Memphis, TN 38119-4839
`Telephone: (901) 522-9000
`Facsimile: (901) 527-3746
`rcarter@martintate.com
`asimpson@martintate.com
`
`Attorneys for Plaintiff B.E. Technology, L.L.C.
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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that on January 25, 2013 a true and correct copy of the
`foregoing was electronically filed with the United States District Court for the Western District
`of Tennessee and was served on counsel by the Court’s electronic filing notification.
`
`s/Daniel J. Weinberg
` Daniel J. Weinberg
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`- 2 -

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