WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 143

ORDER. Defendants request permission to file a motion for summary judgment that this action is barred by a covenant not to sue. Plaintiff requests permission to file a cross-motion for partial summary judgment on Defendants affirmative defense of covenant not to sue and their counterclaim for breach of contract. The Court GRANTS both Defendants request and Plaintiffs request. Signed by Judge Leonard Davis on 11/21/11. cc:attys 11-22-11(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION § § § § § § § § § § § WI-LAN INC., Plaintiff, vs. ALCATEL-LUCENT USA INC., ET AL., Defendants. CASE NO. 6:10-CV-521 ORDER The Court has a standing order requiring leave of the Court before any motion for summary judgment may be filed. Pursuant to this order, Defendants’ request permission to file a motion for summary judgment that this action is barred by a covenant not to sue. Plaintiff requests permission to file a cross-motion for partial summary judgment on Defendants’ affirmative defense of covenant not to sue and their counterclaim for breach of contract. The Court GRANTS both Defendants’ request and Plaintiff’s request. So ORDERED and SIGNED this 21st day of November, 2011. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 1

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