Motion to dismiss improper party florida4/10/2024 ![]() Interval does not and cannot allege that any of the named defendants are jointly or severally liable, conspired with each other, or acted in concert in any way. and infringement of the '682 patent by Facebook, Inc. 1.) By the same Complaint, Interval also alleged infringement of all four patents-in-suit by AOL, Inc., Apple, Inc., and Yahoo! Inc infringement of the '507 and '682 patents by eBay, Inc., Netflix, Inc., Office Depot, Inc., OfficeMax, Inc., and Staples, Inc. ![]() FACTUAL BACKGROUND On August 27, 2010, Interval filed its Complaint alleging infringement of U.S. AND YOUTUBE, LLC'S MOTION TO DISMISS OR SEVER FOR MISJOINDER PURSUANT TO FED. ![]() Google should be dropped from the instant action, or the claims against it should be severed, because there is no allegation of, or any factual basis forĭEFENDANTS GOOGLE INC. INTRODUCTION Interval Licensing LLC ("Interval") has ignored the Federal Rules of Civil Procedure and Ninth Circuit law by attempting to improperly join eleven disparate and unrelated entities in a single action for patent infringement without alleging any coordinated action between them or any right to relief that arises out of "the same transaction, occurrence, or series of transactions or occurrences." Fed. and YouTube, LLC (together, "Google"), through their undersigned counsel, respectfully move this Court to dismiss or sever them from the above-captioned action for misjoinder. 20 AND 21 Note on Motion Calendar: November 5, 2010 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE INTERVAL LICENSING LLC, Plaintiff, Case No.: 2:10-cv-01385-MJP DEFENDANTS GOOGLE INC.
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