Cooperative Entertainment, Inc. v. Kollective Technology, Inc.

I. BACKGROUND

22 A. Procedural Background 23 This case comes before the Court on remand from the Federal Circuit. USCA Judgment, 24 ECF No. 29. Kollective previously filed a motion to dismiss CEI’s First Amended Complaint on 25 two grounds: (1) patent invalidity under Section 101, and (2) failure to state a claim under Rule 26 12(b)(6). Prior Mot. to Dismiss, ECF No. 19. The Court granted Kollective’s motion under 27 Section 101 and did not reach Kollective’s arguments regarding the adequacy of the pleadings. Prior Order Granting Mot. to Dismiss (“Prior Order”), ECF No. 24. CEI appealed that Order, and the Federal Circuit vacated the Court’s Section 101 finding and remanded for further proceedings. Cooperative Entertainment, Inc. v. Kollective Technology, Inc., 50 F.4th 127 (Fed. Cir. 2022). Kollective’s renewed motion to dismiss before the Court now exclusively addresses CEI’s failure to state a claim under Rule 12(b)(6). See MTD. B. Factual Background Plaintiff, CEI, is a North Carolina corporation with its principal place of business in Raleigh, North Carolina. Compl. ¶ 1. Defendant, Kollective, is a Delaware corporation…