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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.

Mobile Equity Corp. v. Walmart Inc., No. 2:21-cv-00126 (E.D. Tex. Sept. 28, 2022)

Adopted Report and recommendation (or magistrate's order) adopted
Summary Judgment Non-Infringement Marking (§ 287)
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:21-cv-00126, Dkt. No. 377
Decided
September 28, 2022
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 364 Report and Recommendations re 196 Sealed Motion, filed by WALMART INC., 200 Motion for Summary Judgment, filed by MOBILE EQUITY CORP
Length
1 page
Download Opinion (PDF)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

MOBILE EQUITY CORP., §

§ §

Plaintiff,

§

v. § Case No. 2:21-cv-00126-JRG-RSP

§

WALMART INC., §

§

Defendant. §

ORDER

Defendant Walmart Inc. previously filed a Motion for Summary Judgment of NonInfringement With Respect To (1) Claims 6-9, 13, and 15-19 of the '236 Patent; (2) Claims 2, 4, 5, 7, 9-12, and 15-30 of the '058 Patent; (3) Doctrine Of Equivalents; (4) Contributory Infringement; and (5) Induced Infringement (“Walmart’s Motion”) (Dkt. No. 196.) Plaintiff Mobile Equity Corp. previously filed a Motion for Summary Judgment for No Failure to Mark . under 28 U.S.C. 287 (“Mobile Equity’s Motion”) (Dkt. No. 200.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 364), recommending denying Walmart’s Motion and granting Mobile Equity’s Motion. Because no objections have been filed and because of the reasons set forth in the Report and Recommendation, the Recommendation is ADOPTED. It is therefore ORDERED that the Walmart’s Motion (Dkt. No. 196) is DENIED and Mobile Equity’s Motion (Dkt. No. 200) is GRANTED.

So ORDERED and SIGNED this 28th day of September, 2022.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Cite this opinion

Mobile Equity Corp. v. Walmart Inc., No. 2:21-cv-00126 (E.D. Tex. Sept. 28, 2022).

govinfo ID
USCOURTS-txed-2_21-cv-00126-12
Permalink
https://patentcasewatch.com/opinions/USCOURTS-txed-2_21-cv-00126-12

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