International Business Machines Corporation v. Priceline Group, Inc. et al.C.A. No. 15-137 – LPS-CJB, March 30, 2016.

Stark, C. J. Defendants’ objections to Report and Recommendation are overruled, and their motion to dismiss is denied without prejudice to renew in the form of a summary judgment motion.

Defendants moved to dismiss for failure to state a claim based on section 101patent ineligibility.  The magistrate had ruled that defendants had failed to show that the asserted claims are directed to patent-ineligible abstract ideas un step 1 of Alice nor have they shown the asserted claims fail to recite any inventive concepts.  The court considered the objection de novo and adopted the magistrate’s report in all respects.