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

Weekly Digest
E.D. Tex.

XR Communications LLC d/b/a Vivato Technologies v. T- Mobile USA, Inc., No. 2:25-cv-00697 (E.D. Tex. Sept. 29, 2026)

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. 2:25-cv-00697, Dkt. No. 104
Decided
September 29, 2026
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER Adopting 102 Report and Recommendations re 53 Motion to Dismiss
Length
2 pages

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

XR COMMUNICATIONS, LLC dba § VIVATO TECHNOLOGIES, §

§

Plaintiff, §

Case No. 2:25-CV-00697-JRG-RSP §

v.

(Lead Case) §

T-MOBILE USA, INC., § §

Defendant. §

ORDER

Defendants T-Mobile USA, Inc., AT&T Services Inc., AT&T Mobility LLC, AT&T Enterprises, LLC, Verizon Communications, Inc., and Cellco Partnership d/b/a Verizon Wireless previously filed a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 53.) Separately, Defendant Nokia of America Corporation filed a Partial Motion to Dismiss Plaintiff’s Amended Complaint for Patent Infringement Pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 92.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 102) recommending denial of the motions. Defendants have now filed Objections. (Dkt. No. 103.)

After conducting a de novo review of the briefing on the Motions to Dismiss, the Report and Recommendation, and 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 Motions to Dismiss (Dkt. Nos. 53, 92) are DENIED.

2.

So ORDERED and SIGNED this 29th day of September, 2026.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Cite this opinion

XR Communications LLC d/b/a Vivato Technologies v. T- Mobile USA, Inc., No. 2:25-cv-00697 (E.D. Tex. Sept. 29, 2026).

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USCOURTS-txed-2_25-cv-00697-0
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