Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
E.D. Tex.

Litepanels, LLC et al v. VFGadgets Inc., No. 2:06-cv-00167 (E.D. Tex. Nov. 20, 2006)

Denied
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:06-cv-00167, Dkt. No. 28
Decided
November 20, 2006
Judge
Leonard Davis, J.
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION and ORDER denying deft Gekko's motion for reconsideration
Length
2 pages

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

LITEPANELS, LLC and LITEPANELS, INC. § §

Plaintiffs § §

vs. § CASE NO. 2:06-CV-167

§ PATENT CASE

GEKKO TECHNOLOGY, LTD. § §

Defendant § §

MEMORANDUM OPINION AND ORDER

Before the Court is Defendant Gekko Technology, Ltd.’s (“Gekko”) Motion to Reconsider its Motion to Dismiss (Docket No. 19). For the foregoing reasons, the Court DENIES the motion.

Plaintiffs Litepanels, LLC and Litepanels, Inc. (“Litepanels”) filed their First Amended Complaint on April 21, 2006 alleging that Gekko violated U.S. Patent Nos. 6,749,310 (“the ‘310 patent”) and 6,948,823 (“the ‘823 patent’). These patents relate to wide area lighting effects systems, and the alleged infringing products are lighting systems used in film and video. Gekko filed a motion to dismiss on July 13, 2006 asserting several grounds. The Court denied the motion. Gekko now files this motion to reconsider the motion to dismiss.

A motion to reconsider allows a party to correct manifest errors of law or fact or to present newly discovered evidence. Tex. Instruments, Inc., v. Hyundai Elecs. Indus., Co., 50 F. Supp. 2d 619, 621 (E.D. Tex. 1999) (Heartfield, J.). Motions to reconsider should not be used to re-urge matters a party has already advanced. Id. Gekko’s motion does not assert any new grounds for lack of jurisdiction. The Court has already dealt with the arguments set forth by Gekko and has denied its motion to dismiss. Accordingly, Gekko’s motion for reconsideration is DENIED.

2So ORDERED and SIGNED this 20th day of November, 2006.

Figure on page 2 of the opinion

LEONARD DAVIS

UNITED STATES DISTRICT JUDGE

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Cite this opinion

Litepanels, LLC et al v. VFGadgets Inc., No. 2:06-cv-00167 (E.D. Tex. Nov. 20, 2006).

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