Falkon Treasures LLC v. Adidas America, Inc., No. 2:16-cv-00653 (E.D. Tex. Apr. 17, 2017)

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.

Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on December 26, 2016 (Dkt. No. 35) recommending that motions to dismiss filed by Defendants Burlington Coat Factory Direct Corpora tion (Dkt. No. 15), Adidas America, Inc. (Dkt. No. 20) , and Limited Stores, LLC (Dkt. No. 22) be granted. Judge Payne found that the patent claims asserted by Plaintiff Falkon Treasures LLC (“Falkon”) fail to recite patentable subject- matter under 35 U.S.C. § 101, and thus Falkon had failed to state a cognizable claim under Rule 12(b)(6).