MOBILE EQUITY CORP. v. WALMART INC.

Filing 374

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 362 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 9/26/2022. (nkl, )

Case 2:21-cv-00126-JRG-RSP Document 374 Filed 09/27/22 Page 1 of 1 PageID #: 12473

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
MOBILE EQUITY CORP.,
Plaintiff,
v.
WALMART INC.,
Defendant.

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Case No. 2:21-cv-00126-JRG-RSP

ORDER
Defendant Walmart Inc. previously filed a Motion for Summary Judgment of No Pre-Suit
Indirect Infringement (“Motion”) (Dkt. No. 204.) Magistrate Judge Payne entered a Report and
Recommendation (Dkt. No. 362), recommending denial of Walmart’s Motion. Walmart has now
filed Objections (Dkt. No. 368.)

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After conducting a de novo review of the briefing on the 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 the Motion (Dkt. No.
204) is DENIED.
So ORDERED and SIGNED this 26th day of September, 2022.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE