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

Weekly Digest
E.D. Tex.

NovaCloud Licensing, LLC v. International Business Machines Corp., No. 2:25-cv-00700 (E.D. Tex. Sept. 30, 2026)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:25-cv-00700, Dkt. No. 98
Decided
September 30, 2026
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER adopting Report and Recommendations for 92 Report and Recommendations, 48 Motion to Dismiss filed by International Business Machines Corp.. (Motion(s)92, 48 terminated)
Length
1 page

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

NOVACLOUD LICENSING, LLC, §

§

Plaintiff,

§ Case No. 2:25-cv-00700-JRG-RSP v. § INTERNATIONAL BUSINESS §

MACHINES CORP., §

§

Defendant.

ORDER

Defendant previously filed a Motion to Dismiss. (Dkt. No. 48.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 92), recommending granting in part Defendant’s Motion to Dismiss. Defendant has now filed Objections (Dkt. No. 96), with no response filed.

After conducting a de novo review of the briefing on the Motion to Dismiss, the Report and Recommendation, and the briefing on Defendant’s 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 Defendant’s Objections and ADOPTS the Report and Recommendation and orders that the Motion to Dismiss (Dkt. No. 48) is DENIED with respect to § 101 and GRANTED with respect to pre-suit willfulness and induced infringement.

So Ordered this Sep 29, 2026

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Cite this opinion

NovaCloud Licensing, LLC v. International Business Machines Corp., No. 2:25-cv-00700 (E.D. Tex. Sept. 30, 2026).

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