Traffic Information, LLC v. BOK Financial Corporation et al

Filing 190

ORDER ADOPTING 189 REPORT AND RECOMMENDATIONS, Granting 180 MOTION for Judgment on the Pleadings and to Lift Stay and Enter Judgment filed by Scvngr, Inc., Dismissing all counts asserted in the Complaint by Plaintiff against Scvnger, Inc and ADJUDGES all patent claims asserted by Plaintiff against Scvnger, Inc be invalid.. Signed by District Judge Robert W. Schroeder, III on 1/9/2018. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
TRAFFIC INFORMATION, LLC,
Plaintiff,
v.
BOK FINANCIAL CORP. ET AL.,
Defendants.

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No. 2:11-CV-00406-RWS-RSP

ORDER
Before the Court is the Report and Recommendation (Docket No. 189) of the
Magistrate Judge recommending the Court (1) lift the stay entered on September 19, 2013,
and (2) enter judgment in favor of Defendant SCVNGR, Inc. dismissing Traffic Information,
LLC’s claims and granting its Counterclaim of invalidity as to U.S. Patent 6,466,862. No party
has objected to the Report and Recommendation.
On September 19, 2013, the Magistrate Judge stayed this litigation after invalidation of all
asserted claims by the Patent Trial and Appeal Board.

Docket No. 169. On January 20,

2015, the Federal Circuit summarily affirmed the PTAB’s decision concerning invalidity.
SCVNGR then moved for judgment on the pleadings. Docket No. 180. Traffic did not
substantively respond. Docket No. 185 (cross-moving for dismissal with prejudice of all claims
and counterclaims pursuant to Fed. R. Civ. P. 41).
Having reviewed the parties’ briefing and the Magistrate Judge's report, the Court
concludes the recommendation is correct. The Court therefore ADOPTS the Report and
Recommendation (Docket No. 189) and GRANTS SCVNGR, Inc.’s Motion to Lift Stay &
Enter Judgment (Docket No. 180).

The Court therefore LIFTS the stay in this case, DISMISSES all counts asserted in the
Complaint (Docket No. 1) by Plaintiff against SCVNGER, Inc., and ADJUDGES all patent
claims asserted by Plaintiff against SCVNGER, Inc. to be invalid.
SIGNED this 9th day of January, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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