CyWee Group Ltd v. Huawei Technologies Co., Inc. et al

Filing 51

ORDER ADOPTING REPORT AND RECOMMENDATION re 50 Report and Recommendation AND DENYING 21 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Huawei Device Co. Ltd, Huawei Device (Dongguan) Co Ltd, Huawei Device USA Inc. Signed by District Judge Robert W. Schroeder, III on 3/28/2018. (slo, )

Case 2:17-cv-00495-RWS-RSP Document 51 Filed 03/28/18 Page 1 of 1 PageID #: 434

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
CYWEE GROUP LTD,
v.
HUAWEI TECHNOLOGIES CO., INC.,
HUAWEI DEVICE USA INC, HUAWEI
DEVICE (DONGGUAN) CO LTD,
HUAWEI DEVICE CO. LTD

§
§
§
§
§
§
§
§

Case No. 2:17-cv-00495-RWS-RSP

ORDER
Before the Court is the Report and Recommendation filed by the Magistrate Judge, which
recommended that Huawei’s Motion to Dismiss for lack of standing be denied. See Docket No.
50. Huawei argued that Cywee’s complaint should be dismissed in light of Huawei’s failure to
register to do business in the state of Texas. See Docket No. 21 at 1-2. As the Magistrate Judge
concluded, however, the Texas door-closing statute does not affect lawsuits arising solely under
federal law, such as the patent laws. See Docket No. 50 at 1-2. The Magistrate Judge therefore
.
recommended that Huawei’s Motion to Dismiss be denied. See id. at 4. No objections to
the Report and Recommendation have been filed, and the time to do so has now passed. Upon
de novo review of the Magistrate Judge’s report, the Court finds no reason to reject or
modify the recommended disposition. Huawei's Motion to Dismiss should be denied.
Accordingly, it is ORDERED:
(1) The Magistrate Judge’s Report and Recommendation, Docket No. 50, is ADOPTED.
(2) Huawei’s Motion to Dismiss, Docket No. 21, is DENIED.
SIGNED this 28th day of March, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE