Personalized Media Communications, L.L.C. v. Motorola, Inc. et al

Filing 428

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 419 Report and Recommendations. Signed by Judge Rodney Gilstrap on 08/12/2014. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PERSONALIZED MEDIA
COMMUNICATIONS, L.L.C.
v.
ECHOSTAR CORP., et al.

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Case No. 2:08-CV-70-RSP

ORDER
Before the Court are PMC’s Motion for Summary Judgment on its Claim for Declaratory
Judgment and on Certain Counterclaims (Dkt. No. 396), and the Report and Recommendation of
the Magistrate Judge (Dkt. No. 419) recommending that the motion be granted.

Having

considered the objections filed by Defendants Echostar Corp. and Dish Network Corp. (Dkt.
Nos. 421 and 425) and by Defendants Rovi Guides, Inc. and TVG, Inc. (Dkt. Nos. 420 and 426),
and having conducted a de novo determination of those portions of the Report and
Recommendation as to which objection was made, and finding no error therein, the Court does
hereby adopt the findings and recommendations of the Magistrate Judge. Accordingly,

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IT IS ORDERED that Plaintiff’s Motion for Summary Judgment on its Claim for

Declaratory Judgment and on Certain Counterclaims (Dkt. No. 396) is GRANTED, the
declaratory judgment requested in Count VI of PMC’s Second Amended Complaint (Dkt. 374) is
GRANTED, Counterclaim Counts Four and Five of the Echostar Defendants’ Answer to PMC’s
Second Amended Complaint (Dkt. 382) are DISMISSED WITH PREJUDICE, and all remaining
claims by or against Rovi/TVG (Dkt. 384) are DISMISSED WITH PREJUDICE.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 12th day of August, 2014.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE