Net Navigation Systems, LLC v. Cisco Systems, Inc. et al

Filing 188

ORDER re 150 Memorandum & Opinion, ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation of the United States Magistrate Judge regarding claim construction (Dkt. 150) is adopted, and the objections of Defendants are OVERRULED. Signed by Judge Richard A. Schell on 3/27/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISON
NET NAVIGATION SYSTEMS, LLC
Plaintiff,
V.

CISCO SYSTEMS, INC., et. al.
Defendants.

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CASE NO. 4:11-CV-660
Judge Schell

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On December 11, 2012, the report of the Magistrate Judge was entered regarding
proposed findings and recommendations regarding the claim construction of the claim terms of
United States Patent Nos. 5,901,147 (‘147), 6,307,860 (‘860), 6,434,145 (‘145), and 6,625,122
(‘122) (Dkt. 150).
The court has made a de novo review of the objections raised by Defendants (see Dkt.
155) and Plaintiff’s response (see Dkt. 160) and is of the opinion that the findings and
conclusions of the Magistrate Judge are correct, and the objections are without merit as to the
ultimate findings of the Magistrate Judge. Defendants assert a new argument, which was not
raised in their original briefing. Defendants state:
The Magistrate Judge questioned whether Defendants implied a meaning to
‘ordered’ that is not necessarily limited to sequential (Rep. and Rec. at 23).
Defendants contend that ‘ordered’ and ‘sequential’ mean the same thing in the
context of the ‘860 patent; namely, that the data units travel end-to-end in the
same sequence in which they were transmitted.
(See Dkt. 155, p. 17 at n.9). However, the court finds that this characterization by Defendants is
irrelevant to the claim language at issue. Defendants’ remaining objections address issues

already fully considered by the Magistrate Judge. The court hereby adopts the findings and
conclusions of the Magistrate Judge as the findings and conclusions of this court.
Therefore, it is ORDERED that the Report and Recommendation of the United States
Magistrate Judge regarding claim construction (Dkt. 150) is adopted, and the objections of
Defendants are OVERRULED.
IT IS SO ORDERED.

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SIGNED this the 27th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE