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Re: None

Monday, 03/11/2019 3:52:14 PM

Monday, March 11, 2019 3:52:14 PM

Post# of 10712
JCPenny motion to dismiss is DENIED!

CONCLUSION AND RECOMMENDATION
Drawing all reasonable inferences in favor of CXT, the Second Amended Complaint does
not fail to state a plausible claim for infringement of the ’875 patent. Therefore, the Court
RECOMMENDS that J.C. Penney’s motion to dismiss [Dkt. No. 73] be DENIED.

____________________________________
ROY S. PAYNE
UNITED STATES MAGISTRATE JUDGE SIGNED this 3rd day of January, 2012. SIGNED this 11th day of March, 2019.


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