Opinion
21-cv-1319 (JSR)
08-04-2021
CHEWY, INC., Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.
ORDER
JED S. RAKOFF, U.S.D.J.
Now before the Court is Chewy's partial motion to dismiss defendant International Business Machines Corporation's counterclaims with respect to U.S. Patent Nos. 9, 569, 414, 7, 076, 433, 6, 704, 034, and 7, 496, 831 for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). ECF No. 32. Upon due consideration, the Court denies Chewy's motion in full. The Court will issue an opinion setting forth the reasons for this ruling by no later than August 19, 2021. The schedule, including for claim construction briefing, stands as set out in the Amended Revised Case Management Plan signed June 22, 2021. ECF No. 53.
SO ORDERED.