Triplay Inc., et al. v. Whatsapp, Inc., C.A. No. 13-1703LPS, August 10, 2015
Stark, C. J. The court rules on objections to the magistrate judge’s Report and Recommendation.
Magistrate Burke issued a report and recommendation on April 28, 2015 and the parties filed objections. The court ruled as follows:
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Plaintiff’s objections to the Report and Recommendation are overruled and the recommendations adopted except as to the recommendation to deny without prejudice to renew the motion to dismiss all claims other than claim 12. Defendant’s motion to dismiss claim 12 is granted and remains pending as to all remaining claims, including claim 1.
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The court finds it unnecessary to address defendant’s motion to dismiss further as the arguments are adequately address in the Report and Recommendation.
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Plaintiff’s objections as to claim 1 are overruled. The court agrees that claim 1 is directed to an abstract idea.
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The court agrees that there are claim construction issues that need to be resolved before defendant may renew its motion to dismiss.
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Further briefing is ordered and a hearing scheduled for August 18.
