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Uniloc USA, Inc. v. Big Fish Games, Inc.

United States District Court, W.D. Washington, Seattle

June 19, 2018

UNILOC USA, INC. and UNILOC LUXEMBOURG, S.A., Plaintiffs,
v.
BIG FISH GAMES, INC., Defendant.

          ORDER

          The Honorable Richard A. Jones, United States District Judge.

         I. INTRODUCTION

         This matter comes before the Court on Defendant Big Fish Games, Inc.'s (“Big Fish”) Motion to Dismiss. Dkt. # 22. Plaintiffs, Uniloc USA, Inc. and Uniloc Luxembourg, S.A. (“Uniloc”), oppose the Motion. Dkt. # 52. Having considered the submissions of the parties, the relevant portions of the record, and the applicable law, the Court finds that oral argument is unnecessary. For the reasons set forth below, the Court GRANTS Defendant's Motion to Dismiss. Dkt. # 22.

         II. BACKGROUND

         Uniloc alleges that Defendant has infringed and is continuing to infringe one or more claims of U.S. Patent No. 6, 110, 228 (“the ‘228 Patent”) and U.S. Patent No. 6, 564, 229 (“the ‘229 Patent”), by making, using, importing, offering for sale and/or selling the Big Fish Games portal, which allows remote users to install upgrades to Big Fish Games, and by instructing its customers to infringe on the patents through training videos, demonstrations, brochures, installation and/or user guides. Dkt. # 1 ¶¶ 16, 18, 34, 36.

         Uniloc asserts two patents in this lawsuit: the ‘228 Patent which is entitled, “Method and Apparatus for Software Maintenance at Remote Nodes, ” and the ‘229 Patent, which is entitled “System and Method for Pausing and Resuming Move/Copy Operations.” Dkt. # 1 Exs. A, B. Both patents involve processes within data processing systems. Id. The ‘228 Patent purports to improve on prior art by providing a common method of applying software fixes to remote locations across operating systems and program products in distributed data processing systems. Dkt. # 1 Ex. A. Pursuant to this method, a central software maintenance facility operates with a computer interface through which a customer at a remote location can request service and receive updated executable code back from the facility. Id. The customer interface provides a “front end” that covers different software platforms and allows a customer to specify a range of operations, including service research, requesting service, applying service, providing program fixes, and installing product or fixes at the remote location. The application of the service is done at the central facility. Id.

         The ‘229 Patent purports to improve on prior art by providing a method and system for pausing move or copy operations in order to provide computing resources to other system operations within a data processing system. Id. By allowing a user to pause the move or copy operation, the information is retained so that the operation can be resumed at a later time. Id. This releases computing and network resources utilized by the operation while preserving the progress of the operation. Id.

         III. LEGAL STANDARD

         A. FRCP 12(b)(6)

         Fed. R. Civ. P. 12(b)(6) permits a court to dismiss a complaint for failure to state a claim. The rule requires the court to assume the truth of the complaint's factual allegations and credit all reasonable inferences arising from those allegations. Sanders v. Brown, 504 F.3d 903, 910 (9th Cir. 2007). A court “need not accept as true conclusory allegations that are contradicted by documents referred to in the complaint.” Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008). The plaintiff must point to factual allegations that “state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 568 (2007). If the plaintiff succeeds, the complaint avoids dismissal if there is “any set of facts consistent with the allegations in the complaint” that would entitle the plaintiff to relief. Id. at 563; Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009).

         A court typically cannot consider evidence beyond the four corners of the complaint, although it may rely on a document to which the complaint refers if the document is central to the party's claims and its authenticity is not in question. Marder v. Lopez, 450 F.3d 445, 448 (9th Cir. 2006). A court may also consider evidence subject to judicial notice. United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003).

         IV. DISCUSSION

         Big Fish argues that the Complaint fails to state a claim under Rule 12(b)(6) because the patents Uniloc asserts claim patent-ineligible concepts under 35 U.S.C. § 101.

         A. ...


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