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

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E.D. Tex.

Linksmart Wireless Technology, LLC v. T-Mobile USA, Inc. et al, No. 2:08-cv-00264 (E.D. Tex. Sept. 27, 2010)

Adopted in Part Report and recommendation adopted with modification
Motion to Dismiss
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:08-cv-00264, Dkt. No. 554
Decided
September 27, 2010
Judge
David Folsom, J.
Document
Order
Docket Entry
ORDER adopting 543 Report and Recommendations, granting in part and denying in part 382 MOTION to Strike 313 Third Party Complaint or Dismiss filed by Nomadix, Inc
Length
2 pages
Download Opinion (PDF)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

LINKSMART WIRELESS §

TECHNOLOGY, LLC § § vs. § CASE NO. 2:08-CV-264-DF-CE § T-MOBILE USA, INC., ET AL. §

ORDER

The above-titled and numbered civil action was referred to United States Magistrate Judge Chad Everingham pursuant to 28 U.S.C. § 636. The report of the Magistrate Judge (Dkt. No. 543), which contains his recommendation that the court grant in part and deny in part the third-party defendant Nomadix, Inc.’s (“Nomadix”) motion to strike or dismiss (Dkt. No. 382), has been presented for consideration. No objections were filed to the report and recommendation. The court is of the opinion that the conclusions of the Magistrate Judge are correct. Therefore, the court adopts, in its entirety, the report of the United States Magistrate Judge as the conclusions of this court.

Accordingly, the court DISMISSES the defendant Best Western International, Inc.’s (“BWI”) contribution claim. The court also orders BWI to amend its third-party complaint within ten days to specifically allege the indemnity and breach of warranty causes of action against Nomadix. The balance of Nomadix’s motion is DENIED.

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Cite this opinion

Linksmart Wireless Technology, LLC v. T-Mobile USA, Inc. et al, No. 2:08-cv-00264 (E.D. Tex. Sept. 27, 2010).

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USCOURTS-txed-2_08-cv-00264-1
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