Atwater Partners of Texas LLC v. AT&T, Inc. et al, No. 2:10-cv-00175 (E.D. Tex. Mar. 18, 2011)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

I. Introduction Pending before the C ourt is Defendant Adtran, Inc‟s (“Adtran”) motion to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Dkt. No. 39). On May 27, 2010, Atwater Partners of Texas, LLC (“Atwater”) filed this lawsuit against Adtran and twenty-four other defendants for patent infringement. (Dkt. No. 1.) Atwater asserts five patents in this lawsuit: U.S. Patent Nos.