Navico, Inc. et al v. Garmin International, Inc. et al

Filing 208

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 176 Report and Recommendation. Signed by Judge Rodney Gilstrap on 8/29/2017. (slo, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NAVICO INC. and NAVICO HOLDING AS, Plaintiffs, v. GARMIN INTERNATIONAL, INC. and GARMIN USA, INC., Defendants. § § § § § § § § § § § NO. 2:16-CV-00190-JRG-RSP ORDER The above entitled and numbered civil action was referred to United States Magistrate Judge Roy S. Payne pursuant to 28 U.S.C. § 636. Before the Court is the Report and Recommendation (Dkt. No. 176) by Magistrate Judge Payne, which recommends that Navico’s Motion for Partial Summary Judgment That the “Kongsberg” Documents and “MS1000 System” Do Not Qualify as Prior Art (Dkt. No. 102) be granted in part. Garmin objected to the Report, (Dkt. No. 194), and Navico responded, (Dkt. No. 206). Having considered the Report and Recommendation, Garmin’s objections, and Navico’s response, IT IS ORDERED that Magistrate Judge Payne’s Report and Recommendation (Dkt. No. 176) is hereby ADOPTED and Garmin’s objections are OVERRULED. Navico’s Motion (Dkt. No. 102) is therefore GRANTED IN PART: (1) Navico’s Motion is GRANTED as to the MS 1000 Operator Manual and the Standing Timber Application Note. Navico’s Motion is also GRANTED as to 1 Garmin’s allegations of prior use and prior sale based on the 2002 sale to Odyssey Marine. (2) As to the Babine Lake Application Note, Navico’s Motion is DENIED. SIGNED this 19th day of December, 2011. So ORDERED and SIGNED this 29th day of August, 2017. ____________________________________ RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE 2

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