Personal Audio, LLC v. Howstuffworks.com

Filing 31

ORDER; adopting 28 Report and Recommendations, granting 16 MOTION to Dismiss Plaintiff's Claims for Enhanced Damages and Attorneys' Fees filed by Howstuffworks.com and that Personal Audios claims for willful infringement is DISMISSED WITHOUT PREJUDICE. Signed by Judge Rodney Gilstrap on 3/31/14. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PERSONAL AUDIO, LLC
v.
HOWSTUFFWORKS.COM

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Case No. 2:13-CV-15-JRG-RSP

ORDER
Currently before the Court is the Report and Recommendation filed by Magistrate Judge
Payne on March 11, 2014 (Dkt. No. 28) regarding Defendant Howstuffworks.com’s (“HSW”)
Motion to Dismiss Plaintiff Personal Audio’s claims for enhanced damages and attorney’s fees
for “willful” infringement (Dkt. 16, filed May 16, 2013, referred to herein as the “Motion”). No
objections having been filed and for the reasons set forth in the Court’s Report and
Recommendation, the Recommendation is adopted. Accordingly,
IT IS ORDERED that HSW’s Motion to Dismiss Personal Audio’s claims for enhanced
damages and attorney’s fees for “willful” infringement (Dkt. 16) is GRANTED and that
Personal Audio’s claims for willful infringement is DISMISSED WITHOUT PREJUDICE
until such time as Personal Audio obtains the factual basis to properly plead such a claim.
So Ordered and Signed on this

Mar 31, 2014