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

Before the Court is the Motion for Summary Judgment of Non-Infringement for All Asserted Claims filed by Defendant Walmart Inc. Dkt. No. 206. In Walmart’s motion and Mobile Equity’s response, the parties agree that this motion should be denied if the Court denies Walmart’s Daubert Motion to Strike Infringement Opinions of Dr. Jakobsson for Applying Incorrect Claim Constructions (Dkt. No. 207). Id. at 3; Dkt. No. 230 at 2.

The Court has denied the motion to strike (Dkt. No. 207). Thus, the opinions of Mobile Equity’s expert are competent evidence that creates a genuine dispute of fact as to infringement of the asserted claims. As a genuine dispute exists, the Court recommends DENYING Walmart’s motion for summary judgment (Dkt. No. 206).

A party’s failure to file written objections to the findings, conclusions, and recommendations contained in this report within 14 days bars that party from de novo review by the District Judge of those findings, conclusions, and recommendations and, except on grounds of plain error, from appellate review of unobjected-to factual findings and legal conclusions accepted and adopted by the district court. Fed. R. Civ. P. 72(b)(2); see Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). Any objection to this Report and2 Recommendation must be filed in ECF under the event “Objection to Report and Recommendations [cv, respoth]” or it may not be considered by the District Judge.