IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION §
CLO VIRTUAL FASHION INC., §
Plaintiff, §
§
v. CASE NO. 2:23-CV-00274-JRG-RSP
§
ZHEJIANG LINGDI DIGITAL
§
TECHNOLOGY CO., LTD. (D/B/A
§
LINCTEX),
§
Defendant. §
ORDER
Defendant Linctex previously filed a Motion for Summary Judgment of Non-Infringement (Dkt. No. 107.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 287), recommending grant of Linctex’s Motion for Summary Judgment of Non-Infringement as to (1) Plaintiff being estopped from asserting the DoE as to limitation [1.f] of the ’773 patent and limitation [1.b.vii] of the ’355 patent, (2) no infringement of the ’355 Patent and claims 4, 5, 10, and 11 of the ’773 Patent by Subsequent Versions of Defendant’s software; and otherwise denying the Motion. Because no objections have been filed and because of the reasons set forth in the Report and Recommendation, the Recommendation is ADOPTED. It is therefore ORDERED that the Motion for Summary Judgment of Non-Infringement (Dkt. No. 107) is GRANTED as to (1) Plaintiff being estopped from asserting the DoE as to limitation [1.f] of the ’773 patent and limitation [1.b.vii] of the ’355 patent, (2) no infringement of the ’355 Patent and claims 4, 5, 10, and 11 of the ’773 Patent by Subsequent Versions of Defendant’s software; and is otherwise DENIED.
2.
So ORDERED and SIGNED this 15th day of July, 2025.