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SMARTFLASH LLC v. APPLE INC., 6:13cv447-JRG-KNM (2015)

Court: District Court, E.D. Texas Number: infdco20150217e98 Visitors: 15
Filed: Feb. 13, 2015
Latest Update: Feb. 13, 2015
Summary: JURY TRIAL DEMANDED. RODNEY GILSTRAP, District Judge. ORDER Before the Court are Apple's and Defendants' Motions for Summary Judgment Regarding Indefiniteness (6:13CV447, Doc. Nos. 269; 6:13CV448, Doc. No. 323) and the Magistrate Judge's Report and Recommendation (6:13CV447, Doc. No. 391; 6:13CV448 Doc. No. 437) recommending that the Motions be denied. Having considered Defendants' Objections to the Report and Recommendation Regarding Apple's and Defendants' Motions for Summary Judgment Rega
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JURY TRIAL DEMANDED.

RODNEY GILSTRAP, District Judge.

ORDER

Before the Court are Apple's and Defendants' Motions for Summary Judgment Regarding Indefiniteness (6:13CV447, Doc. Nos. 269; 6:13CV448, Doc. No. 323) and the Magistrate Judge's Report and Recommendation (6:13CV447, Doc. No. 391; 6:13CV448 Doc. No. 437) recommending that the Motions be denied. Having considered Defendants' Objections to the Report and Recommendation Regarding Apple's and Defendants' Motions for Summary Judgment Regarding Indefiniteness (6:13CV447; Doc. No. 416; 6:13CV448, Doc. No. 449), and having conducted a de novo determination of those portions of the Report and Recommendation as to which objection was made, the Magistrate Judge correctly found that the terms "data carrier," "portable data carrier," and "payment data" are not indefinite as a matter of law. The Court does hereby adopt the findings and recommendations of the Magistrate Judge. Accordingly,

IT IS ORDERED that Apple's and Defendants' Motions for Summary Judgment of Regarding Indefiniteness (6:13CV447, Doc. Nos. 269; 6:13CV448, Doc. No. 323) are DENIED.

Source:  Leagle

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