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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.

Personal audio, LLC v. Howstuffworks.com, No. 2:13-cv-00015 (E.D. Tex. Mar. 31, 2014)

Adopted Report and recommendation (or magistrate's order) adopted
Willfulness Motion to Dismiss Attorneys' Fees
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:13-cv-00015, Dkt. No. 31
Decided
March 31, 2014
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER; adopting 28 Report and Recommendations, granting 16 MOTION to Dismiss Plaintiff's Claims for Enhanced Damages and Attorneys' Fees filed by Howstuffworks.com and that Personal Audios claims for willful infringement is DISMISSED WITHOU…
Length
1 page
Download Opinion (PDF)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

PERSONAL AUDIO, LLC §

§ v. § Case No. 2:13-CV-15-JRG-RSP § HOWSTUFFWORKS.COM §

ORDER

Currently before the Court is the Report and Recommendation filed by Magistrate Judge Payne on March 11, 2014 (Dkt. No. 28) regarding Defendant Howstuffworks.com’s (“HSW”) Motion to Dismiss Plaintiff Personal Audio’s claims for enhanced damages and attorney’s fees for “willful” infringement (Dkt. 16, filed May 16, 2013, referred to herein as the “Motion”). No objections having been filed and for the reasons set forth in the Court’s Report and Recommendation, the Recommendation is adopted. Accordingly,

IT IS ORDERED that HSW’s Motion to Dismiss Personal Audio’s claims for enhanced damages and attorney’s fees for “willful” infringement (Dkt. 16) is GRANTED and that Personal Audio’s claims for willful infringement is DISMISSED WITHOUT PREJUDICE until such time as Personal Audio obtains the factual basis to properly plead such a claim.

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Cite this opinion

Personal audio, LLC v. Howstuffworks.com, No. 2:13-cv-00015 (E.D. Tex. Mar. 31, 2014).

govinfo ID
USCOURTS-txed-2_13-cv-00015-1
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