CMG Financial Services, Inc. v. Pacific Trust Bank, F.S.B.
Opinion
Lead Opinion
Gutierrez, J.
*1308 Order GRANTING Defendant’s Motion for Summary Judgment
Before the Court is Defendant’s Motion for Summary Judgment. (Dkt. No. 55.) The Court finds this matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78(b); L.R. 7-15. After considering the papers filed in support of and in opposition to the Motion, the Court GRANTS the Motion.
I. Background
On December 14, 2011, Plaintiff CMG Financial Services, Inc. (“Plaintiff’) filed a Complaint against Defendant Pacific Trust Bank, F.S.B. (“Defendant”), claiming infringement of its U.S. Patent No. 7,627,509 (“'509 Patent”).
On February 6, 2012, Defendant moved to dismiss the Complaint on the grounds that the '509 Patent is not patent-eligible. (See Dkt. No. 11.) On April 16, 2012, the Court denied the Motion, noting that courts “are better able to evaluate patent eligibility after considering evidence” and issues that would be better determined through the development and presentation of evidence included “whether the process of the '509 Patent is capable of being performed with pen and paper, whether the process integrates the operation of a machine, and whether the '509 Patent claims have been part of the…