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, )

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.

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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

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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.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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