Filing 373

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 363 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 9/26/2022. (nkl, )

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Case 2:21-cv-00126-JRG-RSP Document 373 Filed 09/27/22 Page 1 of 1 PageID #: 12472 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MOBILE EQUITY CORP., Plaintiff, v. WALMART INC., Defendant. § § § § § § § Case No. 2:21-cv-00126-JRG-RSP ORDER In this case, the parties filed cross motions pursuant to 35 U.S.C. § 101, with Defendant Walmart Inc. filing a Motion For Summary Judgment of Invalidity Pursuant to 35 U.S.C. § 101 (“Walmart’s Motion”) (Dkt. No. 199) and Plaintiff Mobile Equity Corp. filing a Motion for Summary Judgment on Patent-Eligible Subject-Matter Under § 101 (“Mobile Equity’s Motion”) (Dkt. No. 202.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 363), recommending denying Walmart’s Motion and granting Mobile Equity’s Motion. Walmart has now filed Objections (Dkt. No. 372.) After conducting a de novo review of the briefing on Walmart’s Motion, the briefing on . Mobile Equity’s Motion, the Report and Recommendation, and Walmart’s Objections, the Court agrees with the reasoning provided within the Report and Recommendation and concludes that the Objections fail to show that the Report and Recommendation was erroneous. Consequently, the Court OVERRULES Walmart’s Objections and ADOPTS the Report and Recommendation and orders that Walmart’s Motion (Dkt. No. 199) is DENIED and Mobile Equity’s Motion (Dkt. No. 202) is GRANTED. So ORDERED and SIGNED this 26th day of September, 2022. ____________________________________ RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE

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