Fast Memory Erase LLC v. Spansion Inc et al

Filing 68

ORDER ACCEPTING 66 THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (See Order) (Ordered by Judge Barbara M.G. Lynn on 12/13/2010) (dnc)

Fast Memory Erase LLC v. Spansion Inc et al

Doc. 68

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION FAST MEMORY ERASE, LLC Plaintiff, VS. SPANSION, INC., ET AL. Defendants. § § § § § § § § §

NO. 3-10-CV-0481-M-BD

ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has under consideration the Findings and Recommendation of United States Magistrate Judge Jeff Kaplan. Defendants Intel Corporation, Numonyx B.V., and Numonyx, Inc., filed objections, and the District Court has made a de novo review of those portions of the proposed Findings and Recommendation to which objection was made. The objections are overruled, and the Court accepts the Findings and Recommendation of the United States Magistrate Judge. The Court notes that the moving Defendants are, in effect, now asking the Court, after judgment, to determine what amounts to summary judgment on a claim not fully adjudicated before Judgment. Based on the developed record before the Court, the Court finds that Plaintiff's conduct was not in bad faith. SO ORDERED this 13th day of December, 2010.

_________________________________ BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS

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