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Rothwell Figg Wins Judgment on the Pleadings in Internet Technology Patent Litigation in Eastern District of North Carolina

March 2, 2015

WASHINGTON, D.C. (March 2, 2015) – Rothwell, Figg, Ernst & Manbeck, a leading intellectual property firm in Washington D.C., was awarded an early victory in defending patent infringement litigation brought against Fandango, L.L.C. alleging that Fandango infringed U.S. Patent No. 6,477,503. United States District Judge Louise Flanagan granted Fandango’s motion for judgment on the pleadings as to all of the patent infringement claims asserted against Fandango based on application of the Supreme Court’s Limelight Networks, Inc. v. Akamai Technologies, Inc. decision of last term.

Named inventor Robert Mankes filed suit against Fandango in the Eastern District of North Carolina on October 14, 2013, alleging that Fandango’s movie ticket reservation systems infringe his ‘503 patent. After an initial motion to dismiss forced Plaintiff to amend his infringement allegations, the Court granted Fandango’s requests that all discovery in the case be stayed and it be permitted to challenge the legal basis for Plaintiff’s infringement claims with its motion for judgment on the pleadings.

The ‘503 patent relates generally to a reservation system that controls inventory, including systems for the sale of event or movie tickets. Mankes asserted that the ‘503 patent was infringed by Fandango’s system for selling movie tickets. In her ruling, Judge Flanagan agreed with Fandango that Mankes could not prove that Fandango’s system either directly or indirectly infringed any claims of the ‘503 patent. As a result of this ruling, there will be no discovery and no trial on Mankes’ infringement claims against Fandango.

Steven Lieberman, Sharon Davis and Michael Jones represented Fandango, LLC in this matter.