Tiare Technology, Inc. v. Dine Brands Global, Inc., No. 2:22-cv-00490 (E.D. Tex. Jan. 11, 2024)

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 Defendant s Applebee’s Restaurants LLC and Dine Brands Global, Inc.’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. §101. (Dkt. No. 30.) For the reasons that follow, the Court RECOMMENDS that the motion be DENIED. I. APPLICABLE LAW Section 101 of the Patent Act defines what is eligible for patent protection: “ Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a pate…