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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.

Estech Systems IP, LLC v. Mitel Networks, Inc., No. 2:21-cv-00473 (E.D. Tex. Nov. 2, 2022)

Adopted Report and recommendation (or magistrate's order) adopted
Motion to Dismiss Infringement
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:21-cv-00473, Dkt. No. 204
Decided
November 2, 2022
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 178 Report and Recommendations
Length
1 page
Download Opinion (PDF)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

ESTECH SYSTEMS IP, LLC, §

§

Plaintiff, §

§

v. § Case No. 2:21-CV-00473-JRG-RSP

§ (Lead Case) MITEL NETWORKS, INC., §

§

Defendant. §

§

ORDER

Defendants Fiserv Inc. and Fiserv Solutions, LLC. (collectively “Fiserv”) previously moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim of direct infringement, pre-suit indirect infringement, and pre-suit willful infringement. . (Dkt. No. 67.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 178), recommending that the motion be denied.

Given that no objection has been filed and for the sound reasons set forth in the Report and Recommendation, the Court ADOPTS the Report and Recommendation. It is therefore ORDERED that the motion to dismiss (Dkt. No. 67) is DENIED.

So ORDERED and SIGNED this 2nd day of November, 2022.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Cite this opinion

Estech Systems IP, LLC v. Mitel Networks, Inc., No. 2:21-cv-00473 (E.D. Tex. Nov. 2, 2022).

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