Intellectual Ventures II LLC v. Sprint Spectrum, L.P. et al

Filing 505

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 441 Report and Recommendations, 299 Sealed Motion, filed by Sprint Spectrum, L.P., T-Mobile US, Inc., Ericsson Inc., Nokia of America Corporation, Nextel Operations, Inc., Alcatel-Lucent USA Inc., T-Mobile USA, Inc., Telefonaktiebolaget LM Ericsson. Signed by District Judge Rodney Gilstrap on 5/2/2019. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
INTELLECTUAL VENTURES II LLC,
Plaintiff,
v.
SPRINT SPECTRUM, L.P. ET AL,
Defendants.
T-MOBILE USA, INC. ET AL,
Consolidated Defendants.

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Case No. 2:17-CV-00662-JRG-RSP
LEAD CASE

Case No. 2:17-CV-00661-JRG-RSP

ORDER
Defendants previously filed a Motion for Summary Judgment of No Willful
Infringement. (Dkt. No. 299.) Magistrate Judge Payne entered a Report and
Recommendation dated April 12, 2019, recommending that Defendants’ Motion be granted
for pre-suit willfulness but denied for willfulness claims after the filing of the complaint.
(Dkt. No. 441.) Presently before the Court are Defendants’ Rule 72 Objections to Order on
Motion for Summary Judgment of No Willful Infringement. (Dkt. No. 476.)
After reviewing Defendants objections, the Report and Recommendation, and the
underlying briefing, the undersigned agrees with the reasoning provided within the Report
and Recommendation. Defendants’ Objections are therefore OVERRULED, and the
Magistrate Judge’s Recommendation is ADOPTED. IT IS THEREFORE ORDERED
that Defendants’ Sealed Motion for Summary Judgment of No Willful Infringement (Dkt.

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No. 299) is GRANTED IN PART, with summary judgment being GRANTED for claims
of willful infringement before September 21, 2017, which was the day that the complaint
was filed. Summary judgment is DENIED for willful infringement claims on or after
September 21, 2017.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 2nd day of May, 2019.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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