T-Rex Property AB v. AMC Entertainment Holdings, Inc.

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 44 Report and Recommendations. The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. It is ORDERED that Defendant AMC Entertainment Holdings, Inc.'s Motion to Dismiss (Case No. 6:16-CV-1029 at Docket No. 30) is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Robert W. Schroeder, III on 9/22/2017. (rlf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
T-REX PROPERTY AB,
v.
REGAL ENTERTAINMENT GROUP.

T-REX PROPERTY AB,
v.
CLEAR CHANNNEL OUTDOOR
HOLDINGS, INC; CLEAR TV MEDIA
USA, INC.; AND MONSTER VISION,
LLC D/B/A/ MONSTER MEDIA.

T-REX PROPERTY AB,
v.
AMC ENTERTAINMENT HOLDINGS,
INC.

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Case No. 6:16-cv-927-RWS-KNM
Lead Case

Case No. 6:16-cv-974-RWS-KNM

Case No. 6:16-cv-1029-RWS-KNM

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions and recommendations regarding Defendants’ Motions to Dismiss in each of the abovecaptioned cases, has been presented for consideration. The Report and Recommendation (Case
No. 6:16-CV-927 at Docket No. 83), filed on August 31, 2017, recommended that Defendant AMC
Entertainment Holdings, Inc.’s Motion to Dismiss (Case No. 6:16-CV-1029 at Docket No. 30) be
granted-in-part and denied-in-part. It also recommended that Defendants Regal Entertainment

Group’s and Clear Channel Outdoor Holdings, Inc.’s Motions to Dismiss (Case No. 6:16-CV-927
at Docket No. 43; Case No. 6:16-CV-974 at Docket No. 11) be denied. Neither party filed written
objections.
The motions to dismiss regarding 35 U.S.C. § 101 were appropriately denied. Case No.
6:16-CV-927, Docket No. 83 at 14. Regarding 35 U.S.C. § 284, Plaintiff raised a plausible
inference that Defendant Regal engaged in willful infringement. As to Defendant AMC, the
Magistrate Judge appropriately granted Plaintiff leave to amend its Complaint. Case No. 6:16.
CV-927, Docket No. 83 at 19. The Court therefore ADOPTS the findings and conclusions of the
Magistrate Judge as those of the Court. In light of the foregoing, it is
ORDERED that Defendant AMC Entertainment Holdings, Inc.’s Motion to Dismiss (Case
No. 6:16-CV-1029 at Docket No. 30) is GRANTED-IN-PART and DENIED-IN-PART.
It is further ORDERED that Defendants Regal Entertainment Group’s and Clear Channel
Outdoor Holdings, Inc.’s Motions to Dismiss (Case No. 6:16-CV-927 at Docket No. 43; Case No.
6:16-CV-974 at Docket No. 11) are DENIED.
SIGNED this 22nd day of September, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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