PerdiemCo, LLC. v. Industrack LLC

Filing 238

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 233 Report and Recommendations,. Signed by Judge Rodney Gilstrap on 9/29/2016. (ch, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PERDIEMCO, LLC, Plaintiff, v. INDUSTRACK LLC, et al. Defendants. § § § § § § § § § § § § Case No. 2:15-cv-727-JRG-RSP ORDER Before the Court is the Report and Recommendation of Magistrate Judge Payne (Dkt. No. 233) concluding that Defendants’ Motion for Judgment on the Pleadings that the Asserted . Patents Claim Ineligible Subject Matter under 35 U.S.C. § 101 (Dkt. 62) and Defendants’ Motion for Judgment on the Pleadings that the Claims of the Asserted Patents are Invalid under 35 U.S.C. § 112 ¶¶ 1 and 2 (Dkt. 66) should both be denied. After reviewing the record and the objections de novo, the Court finds that the Magistrate Judge’s Report and Recommendation should be ADOPTED. (Dkt. No. 233.) Accordingly, Defendants’ Motions (Dkt. 62, 66) are DENIED. SIGNED this 19th day of December, 2011. So ORDERED and SIGNED this 29th day of September, 2016. ____________________________________ RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE

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