IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
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PIETRO PASQUALE ANTONI
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SGROMO,
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Plaintiff, §
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v.
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BESTWAY ENTERPRISE CO. LTD.,
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BESTWAY (HONG KONG)
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INTERNATIONAL LTD., BESTWAY
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INFLATABLES AND MATERIAL Case No. 2:19-cv-00060-JRG-RSP
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CORPORATION, EUREKA
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INVENTIONS LLC, HEB GROCERY
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COMPANY LP, ACADEMY LTD,
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BESTWAY GLOBAL HOLDING
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COMPANY INC., TARGET STORES
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INC., WAL-MART STORES, INC., and
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WAL-MART STORES TEXAS, LLC,
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Defendants. §
ORDER
Before the Court is the Report and Recommendation of Magistrate Judge Payne dated August 29, 2019. (Dkt. No. 71.) Within this Report and Recommendation, Magistrate Judge Payne concluded that Plaintiff Pietro Pasquale Antoni Sgromo (“Plaintiff”) failed to show that he has proper standing for the asserted patents and the asserted trademark. (Id.) Consequently, Magistrate Judge Payne recommended that Defendants’ Motion to Dismiss (Dkt. No. 20) be GRANTED due to Plaintiff’s lack of standing. (Dkt. No. 71.) Plaintiff filed an objection to the Report and Recommendation. (Dkt. No. 93.)
After reviewing the underlying briefing, the Report and Recommendation, and Plaintiff’s objection, the Court agrees with the reasoning provided within the Report and Recommendation. The Report and Recommendation is therefore ADOPTED, and the objections are both OVERRULED.
2So Ordered this Sep 24, 2019
