Diamond Grading Technologies Inc v. American Gem Society et al

Filing 91

ORDER ADOPTING 83 REPORT AND RECOMMENDATIONS, DENYING 46 MOTION for Judgment on the Pleadings of Invalidity for Failure To Claim Patent Eligible Subject Matter Pursuant to 35 U.S.C. § 101 filed by Gemological Institute of America, DENYING as Moot 52 MOTION for Joinder in Defendant Gemological Institute of America, Inc.'s Motion for Judgment filed by American Gem Society Laboratories LLC, American Gem Society.. Signed by Judge Robert W. Schroeder, III on 9/29/2016. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

DIAMOND GRADING TECHNOLOGIES
INC.
v.
AMERICAN GEM SOCIETY et al.

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Case No. 2:14-cv-1161-RWS-RSP
LEAD CASE

ORDER ADOPTING REPORT AND RECOMMENDATION
Currently before the Court is the Report and Recommendation of United States
Magistrate Judge Roy S. Payne (Docket No. 83) regarding Defendant Gemological Institute of
America, Inc.’s (“GIA”) Motion for Judgment on the Pleadings (Docket No. 46) and Defendants
American Gem Society and American Gem Society Laboratories, LLC’s (collectively,
“American Gem Society”) Motion for Joinder in GIA’s Motion for Judgment on the Pleadings
(Docket No. 52). The Magistrate Judge recommends denying GIA’s Motion for Judgment on the
Pleadings because factual matters outside the pleadings are raised in the motion. Docket No. 83
at 9. The Magistrate Judge concludes that these issues would be more appropriately addressed in
a motion for summary judgment and recommends that GIA be granted leave to file a motion for
summary judgment. Id. Further, the Magistrate Judge recommends denying American Gem
Society’s Motion for Joinder as moot because American Gem Society is no longer a party to this
case. Id. No objections to the Report and Recommendation have been filed.
Accordingly, the findings and conclusions of the Magistrate Judge are ADOPTED as
those of the Court. It is ORDERED that GIA’s Motion for Judgment on the Pleadings (Docket

No. 46) is DENIED and that GIA be granted leave to file a motion for summary judgment.
Further, American Gem Society's Motion for Joinder (Dkt. No. 52) is DENIED AS MOOT.
SIGNED this 29th day of September, 2016.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE