Patent Case Watch

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.

Tiare Technology, Inc. v. Whataburger Restaurants, LLC, No. 2:22-cv-00182 (E.D. Tex. Mar. 29, 2023)

Adopted Report and recommendation (or magistrate's order) adopted
Motion to Dismiss
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:22-cv-00182, Dkt. No. 82
Decided
March 29, 2023
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 77 Report and Recommendations
Length
1 page
Download Opinion (PDF)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

TIARE TECHNOLOGIES, INC., §

§

Plaintiff, §

§

v. § CIVIL ACTION NO. 2:22-CV-0182-JRG-RSP

§ (Lead Case) WHATABURGER RESTRAURANTS, §

LLC, §

§

Defendant. §

ORDER

Panera Bread Company, Panera, LLC, and Lowes Home Centers, LLC (collectively “Defendants”) previously filed motions to dismiss. (Dkt. Nos. 19, 30.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 77) recommending denial of Defendants’ motions to dismiss. Defendants have now filed Objections. (Dkt. Nos. 80, 81.) .

After conducting a de novo review of the briefing on the motions to dismiss, the Report and Recommendation, and the briefings on Defendants’ Objections, the Court agrees with the reasoning provided within the Report and Recommendation and concludes that the Objections fail to show that the Report and Recommendation was erroneous. Consequently, the Court OVERRULES Defendants’ Objections, ADOPTS the Report and Recommendation, and ORDERS that the Defendants’ motions to dismiss (Dkt. Nos. 19, 30) are DENIED.

So ORDERED and SIGNED this 29th day of March, 2023.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Cite this opinion

Tiare Technology, Inc. v. Whataburger Restaurants, LLC, No. 2:22-cv-00182 (E.D. Tex. Mar. 29, 2023).

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