Before the Court is the Report and Recommendation of Magistrate Judge Payne (Dkt. No. 93) concluding that Samsung’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Dkt. 23) be denied because the asserted patents are directed to patent-eligible subject matter under 35 U.S.C. § 101. After reviewing the record and the objections de novo, the Court finds that the Magistrate Judge’s Report and Recommendation should be ADOPTED. (Dkt. No. 93.) Accordingly, Defendant’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Dkt. No. 23) is DENIED.
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Personalized Media Communications, LLC v. Samsung Electronics america, Inc. et al, No. 2:15-cv-01754 (E.D. Tex. Sept. 29, 2016).
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