Alfonso Cioffi et al v. Google, Inc.

Filing 226

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 212 Report and Recommendations, 208 Report and Recommendations. Signed by Judge Rodney Gilstrap on 1/19/2017. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ALFONSO CIOFFI, et al.,

v.
GOOGLE, INC.,

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§ Case No. 2:13-CV-00103-JRG-RSP
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§
ORDER

Before the Court is the Report and Recommendation filed by Magistrate Judge Payne (Dkt.
No. 212) recommending denial of Defendant Google’s Motion for Summary Judgment of
Invalidity under 35 U.S.C. § 251 and Non-Infringement (Dkt. No. 148). Also before the Court is
the Report and Recommendation filed by Judge Payne (Dkt. No. 208) recommending denial of
Google’s Motion for Summary Judgment of Subject-Matter Ineligibility under 35 U.S.C. §
101 (Dkt. No. 149). Having considered the Objections filed by Google (Dkt. Nos. 221, 222)
and finding them to be without sufficient merit, the Recommendations are adopted. Google’s
.
Motions for Summary Judgment (Dkt. Nos. 148, 149) are DENIED.
Also before the Court are Google’s objections (Dkt. No. 223) to Judge Payne’s Order (Dkt.
No. 209) denying-in-part Google’s Daubert Motion to Exclude Certain Opinions by Plaintiffs’
Damages Expert Walter Bratic (Dkt. No. 151). Upon de novo review, the Court finds that Judge
Payne’s Order is not clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a). Accordingly,
Google’s Objections (Dkt. No. 223) are OVERRULED.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 19th day of January, 2017.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE