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Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

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E.D. Tex.

Tiare Technology, Inc. v. Dine Brands Global, Inc., No. 2:22-cv-00490 (E.D. Tex. Mar. 1, 2024)

Adopted Report and recommendation (or magistrate's order) adopted
Motion to Dismiss § 101 Eligibility
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:22-cv-00490, Dkt. No. 164
Decided
March 1, 2024
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 147 Report and Recommendations, 30 Motion to Dismiss, filed by Dine Brands Global, Inc., Applebees Restaurants, LLC
Length
1 page
Download Opinion (PDF)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

Tiare Technology, Inc., §

§

Plaintiff, §

§

v. § Case No. 2:22-CV-00490-JRG-RSP

§ (LEAD CASE)

Dine Brands Global, Inc., §

§

Defendant. §

§

ORDER

Dine Brands Global, Inc. and Applebee’s Restaurants LLC ("Defendants") previously filed a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. §101 (Dkt. No. 30). Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 147), recommending denial of Defendants’ Motion to Dismiss. Defendants have now filed Objections (Dkt. No. 158), with Plaintiff Tiare Technology, Inc., filing a Response (Dkt. No. 163.) .

After conducting a de novo review of the briefing on the Motion to Dismiss, the Report and Recommendation, and the briefing on Defendants’ Objections, the Court agrees with the reasoning provided within the Report and Recommendation and concludes that the Objections fail to show that the Report and Recommendation was erroneous. Consequently, the Court OVERRULES Defendants’ Objections and ADOPTS the Report and Recommendation and orders that the Motion to Dismiss (Dkt. No. 30) is DENIED.

So ORDERED and SIGNED this 1st day of March, 2024.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Cite this opinion

Tiare Technology, Inc. v. Dine Brands Global, Inc., No. 2:22-cv-00490 (E.D. Tex. Mar. 1, 2024).

govinfo ID
USCOURTS-txed-2_22-cv-00490-1
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