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MEMORANDUM RICHARD G. ANDREWS, District Judge. Currently prior to me is Offender's Rule 12(b)( 6) Motion to Dismiss for Failure to Plead a Plausible Claim of Patent Infringement and for Lack of Patent-Eligible Subject. (D.I. 10). The Parties have briefed the concerns. (D.I. Click Here For Additional Info , 13, 14). I heard oral argument on January 23, 2019.
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Plaintiff filed its Problem on August 27, 2018. (D.I. 1). It declares Offender's Cookie Jam, Household Person: Another Freakin' Mobile Video Game, and Harry Potter: Hogwarts Mystery games ("Accused Products") infringe several claims of U.S. Patent No. 9,454,762 ("'762 Patent"). (Id. at 3). Specifically, Complainant declares that Accused straight, indirectly, jointly, and willfully infringes the Patent.
I. LEGAL ST AND ARD When reviewing a movement to dismiss pursuant to Rule 12(b)( 6 ), the court needs to accept the complaint's factual accusations as real. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007 ). Rule 8(a) needs "a short and plain declaration of the claim revealing that the pleader is entitled to relief." Id.
The accurate accusations do not need to be detailed, but they should supply more than labels, conclusions, or a "formulaic recitation" of the claim elements. Id. ("Factual allegations must be enough to raise a right to relief above the speculative level. on the presumption that all the claims in the grievance hold true (even if doubtful in reality).").
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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009 ). The facial plausibility standard is satisfied when the grievance's factual material "enables the court to draw the affordable inference that the accused is accountable for the misbehavior alleged." Id. ("Where a complaint pleads facts that are simply constant with an accused's liability, it stops short of the line between possibility and plausibility of entitlement to relief." (internal quotation marks left out)).
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It offers: "Whoever creates or discovers any brand-new and beneficial procedure, maker, manufacture, or composition of matter, or any brand-new and helpful enhancement thereof, may get a patent therefor, based on the conditions and requirements of this title." 35 U.S.C. 101. The Supreme Court acknowledges three categories of subject that are not eligible for patentslaws of nature, natural phenomena, and abstract concepts.
Pty. v. CLS Bank Int'l, 134 S.Ct. 2347, 2354 (2014 ). The function of these exceptions is to secure the "basic tools of scientific and technological work." Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S.Ct. 1289, 1293 (2012 )." [A] process is not unpatentable merely since it consists of a law of nature or a mathematical algorithm," as "an application of a law of nature or mathematical formula to a known structure or procedure might well be deserving of patent security." Id.