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Tangelo IP, LLC v. Tupperware Brands Corp.

United States District Court, D. Delaware

November 26, 2018

TANGELO IP, LLC, Plaintiff,
v.
TUPPERWARE BRANDS CORP., Defendant.

          MEMORANDUM ORDER

         Presently before the Court is Defendant's motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), on the basis that the asserted patent claims are invalid under 35 U.S.C. § 101. (D.I. 7). I have reviewed the parties' briefing. (D.I. 8, 11, 14). I heard oral argument on November 15, 2018.

         I. BACKGROUND

         On May 7, 2018, Plaintiff brought this action against Defendant alleging infringement of U.S. Patent No. 8, 429, 005 ("the '005 patent"). (D.I. 1). On June 12, 2018, Defendant filed this motion to dismiss. The parties agreed at oral argument that claim 1 of the '005 patent is representative. (Tr. at 24:20-25:7). Claim 1 recites:

1. A method for providing to a user an interactive and electronic replication of at least a portion of a corresponding physical publication page, comprising:
associating a page number of a physical publication page with an interactive and electronic replication of at least a portion of a physical publication page;
the physical publication page having at least two different products appearing on the physical publication page;
the page number appearing on the physical publication page along with the at least two different products;
the page number and the two different products being visible on the physical publication page;
receiving by a host computer comprising at least one computer processor an input representing the page number;
providing from the host computer the interactive and electronic replication of the at least a portion of the physical publication page in response to receiving the input representing the page number;
the interactive and electronic replication of the at least a portion of the physical publication page including duplications of the appearances of the at least two different products;
the duplications of the appearances of the at least two different products being exact reproductions of the appearances of the at least two different products contained within the physical publication page;
the interactive and electronic replication enabling the user to obtain additional information on the at least two different products contained within the interactive and electronic replication; and
wherein the user is able to see the interactive and electronic replication and the at least two different products in the physical publication page and can obtain the additional information on the at least two different products contained within the interactive and electronic replication of the at least a portion of the ...

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