For those wondering if IBM ever filed their motions as described above, here's the latest, from Docket #111:
Xinuos, Inc. v. International Business Machines Corp., et al., No. 7:22-cv-09777-CS (S.D.N.Y)
This firm represents Defendants International Business Machines Corporation and Red Hat, Inc. in the above-titled case. We write regarding the motion to dismiss and the motion for summary judgment that the Court has authorized Defendants to file.
Consistent with the Court’s suggestion at the January 17 conference, the parties have agreed to bundle the motion papers. In line with the schedule set by the Court, Defendants served their opening papers on Xinuos today; Xinuos will serve its opposition papers on Defendants on or before February 17, 2023; and Defendants will serve their reply papers, file the full set of papers, and provide the Court with courtesy copies on or before February 27, 2023.