`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`
`
`T-REX PROPERTY AB,
`
` Plaintiff,
`v.
`
`
`AUTONETTV MEDIA, INC.,
`
`
`
`Civil Action No.: 16-cv-6649
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
` Defendant.
`
`
`
`
`1.
`
`AUTONETTV MEDIA, INC.’S
`RULE 12(b)(6) MOTION TO DISMISS FOR
`FAILURE TO STATE A CLAIM
`
`Plaintiff T-Rex Property AB (“T-Rex”) accuses AutoNetTV Media Inc.
`
`(“AutoNetTV”) of infringing claims 25 and 26 of U.S. Patent No. RE39,470, claims 22 and 32 of
`
`U.S. Patent No. 7,382,334, and claims 42 and 43 of U.S. Patent No. 6,430,603.
`
`2.
`
`As explained in the Memorandum of Law filed herewith, the patent claims asserted
`
`by T-Rex are invalid under 35 U.S.C. § 101 because they are directed to ineligible subject matter.
`
`3.
`
`Since T-Rex has not asserted valid patent claims, it has failed to state a claim upon
`
`which relief can be granted. Because leave to amend would be futile, AutoNetTV respectfully
`
`requests that the complaint in this matter be dismissed with prejudice.
`
`
`
`
`
`Case: 1:16-cv-06649 Document #: 13 Filed: 09/02/16 Page 2 of 3 PageID #:236
`
`Dated: September 2, 2016
`
`Respectfully submitted,
`
`By:
`
`/s/Brian J. Doyle
`Brian J. Doyle1
`FISH & RICHARDSON P.C.
`601 Lexington Ave, 52nd Fl.
`New York, N.Y. 10022
`(212) 641-2303 (Telephone)
`(212) 258-2291 (Facsimile)
`brian.doyle@fr.com
`
`Attorney For Defendant
`AutoNetTV Media, Inc.
`
`
`
`
`
`
`
`
`
`1 Motion for pro hac vice admission is pending.
`
`
`
`Case: 1:16-cv-06649 Document #: 13 Filed: 09/02/16 Page 3 of 3 PageID #:237
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`
`document was electronically filed with the Clerk of the Court using the CM/ECF system which
`
`will send notification of such filing to all counsel of record.
`
`
`
`/s/ Brian J. Doyle
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