`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`CORETEK LICENSING LLC,
`
`
`Plaintiff,
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`
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`
`
`
`
`C.A. No: 21-1840-MN-CJB
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`v.
`
`
`ALASKA COMMUNICATIONS SYSTEMS
`GROUP, INC.,
`
`
`Defendant.
`
`
`DEFENDANT ALASKA COMMUNICATIONS SYSTEMS GROUP, INC.’S
`RULE 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
`
`Defendant Alaska Communications Systems Group, Inc. (“ACS Group”) respectfully
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`moves to dismiss Coretek Licensing LLC’s Complaint (Dkt. No. 1) pursuant to Rule 12(b)(6) of
`
`the Federal Rules of Civil Procedure for failure to state a claim (the “Motion”).1 The Motion should
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`be granted for all the reasons stated in the contemporaneously filed opening brief in support of the
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`Motion.
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`WHEREFORE, ACS Group respectfully requests that the Court dismiss this case for
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`failure to state a claim upon which relief can be granted because the asserted patent does not meet
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`the eligibility requirements of 35 U.S.C. § 101.
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`
`
`
`
`
`
`
`1 Coretek Licensing LLC sued and served the incorrect entity. ACS Group is a holding company
`that does not commercialize the accused product, Alaska Voice. The correct party to this suit is
`Alaska Communications Internet, LLC (“ACS Internet”). Despite Coretek’s improper service and
`incorrect party naming, ACS Group is responding to Coretek’s lawsuit.
`
`
`
`Case 1:21-cv-01840-MN-CJB Document 9 Filed 01/20/22 Page 2 of 2 PageID #: 322
`
`Dated: January 20, 2022
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`
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`
`
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`
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`
`
`FISH & RICHARDSON P.C.
`
`By: /s/ Jeremy D. Anderson
`
`Jeremy D. Anderson (#4515)
`222 Delaware Avenue, 17th Floor
`Wilmington, DE 19801
`(302) 652-5070 (Telephone)
`(302) 652-0607 (Facsimile)
`janderson@fr.com
`
`Neil J. McNabnay (pro hac vice to be filed)
`Ricardo J. Bonilla (pro hac vice to be filed)
`Adil A. Shaikh (pro hac vice to be filed)
`1717 Main Street, Suite 5000
`Dallas, Texas 75201
`mcnabnay@fr.com
`rbonilla@fr.com
`shaikh@fr.com
`
`
`Attorneys for Defendant
`Alaska Communications Systems Group, Inc.
`
`2
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`
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