Metaswitch Networks Ltd v. GENBAND US LLC et al
Filing
367
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 288 Report and Recommendations, 293 Report and Recommendations,. Signed by Judge Rodney Gilstrap on 04/08/2016. (nkl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
METASWITCH NETWORKS LTD,
Plaintiff,
v.
GENBAND US LLC ET AL.,
Defendants.
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CASE NO. 2:14-CV-744-JRG-RSP
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on
March 1, 2016 (Dkt. No. 288) which recommends that Genband’s Motion for Summary
Judgment (Dkt. No. 173) be denied as moot because the Court lacks jurisdiction over Genband’s
declaratory judgment counterclaim for invalidity of U.S. Patent No. 7,657,018. 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 Genband’s Motion for Summary Judgment (Dkt. No. 173) is
DENIED AS MOOT.
Also before the Court is the Report and Recommendation filed by Magistrate Judge
Payne on March 3, 2016 (Dkt. No. 293) regarding Metaswitch’s Motion for Partial Summary
Judgment Limiting Damages Based on Genband’s Failure to Mark (Dkt. No. 170). The
Magistrate recommended that partial summary judgment that Genband cannot recover pre-suit
damages on U.S. Patent No. 6,879,667 (“’667 Patent”) should be granted because there is no
material fact dispute with respect to the ’667 Patent. The Magistrate further recommended that
summary judgment be denied for U.S. Patent Nos. 7,680,252 and 7,953,210. 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, with respect to Metaswitch’s Motion for Partial Summary
Judgment Limiting Damages Based on Genband’s Failure to Mark (Dkt. No. 170), partial
summary judgment that Genband cannot recover pre-suit damages on U.S. Patent No. 6,879,667
is GRANTED. Summary judgment on the same is DENIED for U.S. Patent Nos. 7,680,252 and
7,953,210.
So Ordered this
Apr 8, 2016
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