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

Weekly Digest
E.D. Tex.

Agis Software Development LLC v. Samsung Electronics Co., Ltd. et al, No. 2:22-cv-00263 (E.D. Tex. May 17, 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. 2:22-cv-00263, Dkt. No. 63
Decided
May 17, 2023
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 54 Report and Recommendations, denying 39 Motion to Dismiss, filed by Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. granting 61 Motion to file one page reply
Length
2 pages

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

AGIS SOFTWARE DEVELOPMENT §

LLC, §

§

Plaintiff, §

§

v. § CIVIL ACTION NO. 2:22-CV-00263-JRG-RSP

§

SAMSUNG ELECTRONICS CO., §

LTD., ET AL., §

§

Defendants. §

ORDER

Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (“Defendants”) previously filed a motion to dismiss. (Dkt. No. 39.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 54) recommending denial of Defendants’ motion. Defendants have now filed Objections (Dkt. No. 55), with AGIS Software Development LLC filing a Response (Dkt. No. 60). Thereafter, Defendants filed a motion for leave to file a one-page Reply in support of its Objections (Dkt. No. 61), accompanied with said one-page Reply (Dkt. No. 62), per the local rules. The Court has seen and considered this one-page Reply.

Defendants motion for leave to file a one-page Reply in support of its Objections (Dkt. No. 61), is hereby GRANTED. Nonetheless, after conducting a de novo review of the briefing on the motion to dismiss, the Report and Recommendation, and the briefing 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 Defendants’ motion to dismiss (Dkt. No. 39) is DENIED.

2.

So ORDERED and SIGNED this 17th day of May, 2023.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Cite this opinion

Agis Software Development LLC v. Samsung Electronics Co., Ltd. et al, No. 2:22-cv-00263 (E.D. Tex. May 17, 2023).

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