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

Weekly Digest
E.D. Tex.

Atlas Global Technologies LLC v. TP-Link Technologies Co., Ltd. et al, No. 2:21-cv-00430 (E.D. Tex. Feb. 2, 2023)

Adopted Report and recommendation (or magistrate's order) adopted
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:21-cv-00430, Dkt. No. 113
Decided
February 2, 2023
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 92 Report and Recommendations
Length
2 pages

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

ATLAS GLOBAL TECHNOLOGIES LLC, §

§

Plaintiff, §

§

v. §

Case No. 2:21-cv-00430-JRG-RSP §

TP-LINK TECHNOLOGIES CO., LTD., §

TP-LINK CORPORATION LIMITED, §

TP-LINK INTERNATIONAL LTD., §

§

Defendants. §

ORDER

Before the Court are three motions (collectively, “Motions”): 1. Motion to Dismiss for Lack of Jurisdiction (Dkt. No. 28) filed by

Defendants TP-Link Corporation Ltd, TP-Link International Ltd., TP-Link Technologies Co., Ltd. (collectively, “Defendants”);

2. Motion to Dismiss Under Federal Rule of Civil Procedure 12(b)(5) for

Insufficient Service of Process (Dkt. No. 29) filed by Defendants; and 3. Motion to Change Venue to the Central District of California (Dkt. No. 30)

filed by Defendants.

On December 28, 2022, Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 92) recommending denial of the Motions. Defendants filed Objections (Dkt. No. 94) and a Supplemental Brief (Dkt. No. 103) to the Report and Recommendation, and Plaintiff Atlas Global Technologies LLC filed Responses (Dkt. Nos. 106, 107).

After conducting a de novo review in these matters, including consideration of the briefing on the Motions, the Report and Recommendation, Defendants’ Objections, and Plaintiff’s Responses, the Court agrees with the reasoning set forth within the Report and Recommendation and concludes that the Objections fail to show that the Report and Recommendation was clearly erroneous.

2.

Consequently, the Court OVERRULES Defendants’ Objections (Dkt. No. 94)

and ADOPTS the Report and Recommendation (Dkt. No. 92). The Court finds that each of the Motions should be and hereby are DENIED.

So ORDERED and SIGNED this 2nd day of February, 2023.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Cite this opinion

Atlas Global Technologies LLC v. TP-Link Technologies Co., Ltd. et al, No. 2:21-cv-00430 (E.D. Tex. Feb. 2, 2023).

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