IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
SK NEXILIS CO., LTD., §
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Plaintiff,
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v.
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SOLUS ADVANCED MATERIALS CO., §
LTD., VOLTA ENERGY SOLUTIONS §
S.A.R.L., VOLTA ENERGY SOLUTIONS § CASE NO. 2:23-CV-00539-JRG-RSP EUROPE KFT., VOLTA ENERGY §
SOLUTIONS HUNGARY KFT., and § VOLTA ENERGY SOLUTIONS §
CANADA INC., §
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Defendants.
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ORDER
Defendants Solus Advanced Materials Co., Volta Energy Solutions Canada Inc., Volta Energy Solutions Europe KFT, Volta Energy Solutions Hungary KFT, and Volta Energy Solutions S.A.R.L. (“Defendants”) previously filed a Motion for Summary Judgment That the ’541 and ’090 Patents are Directed to Unpatentable Subject Matter Under 35 U.S.C. § 101, Alice Step One (“Alice Motion”) (Dkt. No. 144), a Motion for Summary Judgment of No Willfulness (“Willfulness Motion”) (Dkt. No. 143), and a Motion for Summary Judgment of No Pre-Suit Damages (“Damages Motion”) (Dkt. No. 139) (collectively, the “Motions”). Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 347), recommending denial of the Alice Motion. Judge Payne also entered a Report and Recommendation (Dkt. No. 359) recommending denial of the Willfulness Motion and granting of the Damages Motion. Plaintiff has now filed Objections (Dkt. No. 363), as have Defendants (Dkt. No. 364.)
After conducting a de novo review of the briefing on the Motions, the Reports and Recommendations, and the briefing on Plaintiff and Defendants’ Objections, the Court agrees with2 the reasoning provided within the Reports and Recommendations (Dkt. Nos. 347, 359) and concludes that the Objections (Dkt. Nos. 363, 364) fail to show that they were erroneous.
Consequently, the Court OVERRULES Plaintiff’s Objections (Dkt. No. 363) and ADOPTS the Report and Recommendation (Dkt. Nos. 359) and ORDERS that the Willfulness Motion (Dkt. No. 143) is DENIED and that the Damages Motion (Dkt. No. 139) is GRANTED . as to no pre-suit damages under § 287(a) for U.S. Patent Nos. 9,457,541, 10,480,090, 10,811,689, 11,346,014, and 11,591,706 and DENIED otherwise.
Additionally, the Court OVERRULES Defendants’ Objections (Dkt. No. 364) and ADOPTS the Report and Recommendation (Dkt. Nos. 347) and ORDERS that the Alice Motion (Dkt. No. 144) is DENIED, having found that the asserted claims of U.S. Patent Nos. 9,457,541 and 10,480,090 are not directed to ineligible subject matter at Step One of Alice.
So ORDERED and SIGNED this 17th day of April, 2026.