Godo Kaisha IP Bridge 1 v. TCL Communication Technology Holdings Limited et al

Filing 103

MEMORANDUM ORDER ADOPTING 72 REPORT AND RECOMMENDATIONS ; denying 17 Motion to Dismiss. Signed by Judge Sue L. Robinson on 9/29/2016. (nmfn) (Main Document 103 replaced on 9/29/2016) (nmfn, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

GODO KAISHA IP BRIDGE 1,

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) Civ. No. 15-634-SLR/SRF

Plaintiff,
v.

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TCL COMMUNICATION TECHNOLOGY
HOLDINGS LIMITED, TCT MOBILE LIMITED,
TCT MOBILE (US), INC., and TCT MOBILE,
INC.,

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Defendants.

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MEMORANDUM ORDER
At Wilmington this 29th day of September, 2016, having reviewed the objections
filed by defendants TCL Communication Technology Holdings Limited ("TCL Holdings")
and TCT Mobile Limited ("TCT Hong Kong") to Magistrate Judge Fallon's Report and
Recommendation dated August 17, 2016, as well as plaintiff's response thereto;
IT IS ORDERED that the Report and Recommendation (D.I. 72) will be affirmed
and the objections thereto (D.I. 78) overruled, for the following reasons:
1. Legal standard. A district judge is charged with conducting a de novo review
of a magistrate judge's report and recommendation to which specific, written objections
are made. 28 U.S.C. § 636(b)(1); see also Sample v. Oiecks, 885 F.2d 1099, 1106 n.3
(3d Cir. 1989). The district judge may "accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1 ).
Although review is de novo, the district judge, in exercising her sound discretion, is