Akzenta Paneele + Profile GmbH et al v. Brown-West, L.L.C. et al

Filing 80

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is 2ORDERED that Plaintiffs motions to dismiss and/or strike Defendants inequitable conduct counterclaims and affirmative defenses are deemed motions for a more definite statement. It is fur ther ORDERED that the motions are GRANTED. Finally, it is ORDERED that Defendants are GRANTED leave to file amended inequitable conduct defenses and counterclaims within fourteen (14)days of the issuance of this order. Signed by Judge T. John Ward on 9/29/2011. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
AKZENTA PANEELE + PROFILE
GMBH; AKZENTA VERTRIEBS
GMBH; and W. CLASSEN GMBY & CO.
KG,
Plaintiffs,
v.
SHAW INDUSTRIES GROUP, INC, et
al.,
Defendants.

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§ CASE NO. 2:10-CV-16-TJW-CE
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§ JURY TRIAL DEMANDED
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ORDER
The above-titled and numbered civil action was referred to United States Magistrate
Judge Chad Everingham pursuant to 28 U.S.C. § 636. The report of the Magistrate Judge (Dkt.
No. 77) has been presented for consideration. The report recommends that the court construe
Plaintiffs’ motions to dismiss and/or strike Defendants’ inequitable conduct counterclaims and
affirmative defenses as motions for a more definite statement pursuant to Federal Rule of Civil
Procedure 12(e). The report recommends granting the motions for a more definite statement
with respect to Defendants’ three theories of inequitable conduct and ordering Defendants to file
amended inequitable conduct defenses and counterclaims within fourteen (14) days of any order
adopting the report. Defendant filed objections to the report (Dkt. No. 79).
The court is of the opinion that the conclusions of the Magistrate Judge are correct.
Therefore, the court OVERRULES Defendants’ objections and adopts the report of the United
States Magistrate Judge, in its entirety, as the conclusions of this court. Accordingly, it is

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ORDERED that Plaintiffs’ motions to dismiss and/or strike Defendants’ inequitable conduct
counterclaims and affirmative defenses are deemed motions for a more definite statement. It is
further ORDERED that the motions are GRANTED. Finally, it is ORDERED that Defendants
are GRANTED leave to file amended inequitable conduct defenses and counterclaims within
fourteen (14) days of the issuance of this order.

SIGNED this 29th day of September, 2011.

__________________________________________
T. JOHN WARD
UNITED STATES DISTRICT JUDGE

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