Opinion
20 Civ. 2862 (AKH)
01-05-2021
SHOLEM WEISNER and SHMUEL NEMANOV, Plaintiff and Involuntary Plaintiff, v. GOOGLE LLC. Defendant.
ORDER GRANTING MOTION TO DISMISS WITHOUT PREJUDICE
ALVIN K. HELLERSTEIN United States District Judge
Further to my order, ECF No. 68, Defendant's motion to dismiss is granted on the grounds that what is alleged in each of the four patent claims is an abstract idea, Alice Corp. v. CLS Bank Int'l, 573 U.S. 208, 217-18. (2014); In re TLI Commc'ns LLC Patent Litig., 823 F.3d 607, 611 (Fed. Cir. 2016), and also may be insufficient to satisfy the requirements of Section 112 of the patent laws, 35 U.S.C. § 112, as expressed during oral argument. Plaintiff is granted leave to file an amended complaint by January 26, 2021, that will show claims that are patentable.
SO ORDERED.