NAVICO INC. v. GARMIN INTERNATIONAL, INC., 2:16-CV-00190-JRG-RSP. (2017)
Court: District Court, E.D. Texas
Number: infdco20170831g33
Visitors: 5
Filed: Aug. 30, 2017
Latest Update: Aug. 30, 2017
Summary: ORDER RODNEY GILSTRAP , District Judge . The above entitled and numbered civil action was referred to United States Magistrate Judge Roy S. Payne pursuant to 28 U.S.C. 636. Before the Court is the Report and Recommendation (Dkt. No. 176) by Magistrate Judge Payne, which recommends that Navico's Motion for Partial Summary Judgment That the "Kongsberg" Documents and "MS1000 System" Do Not Qualify as Prior Art (Dkt. No. 102) be granted in part. Garmin objected to the Report, (Dkt. No. 194),
Summary: ORDER RODNEY GILSTRAP , District Judge . The above entitled and numbered civil action was referred to United States Magistrate Judge Roy S. Payne pursuant to 28 U.S.C. 636. Before the Court is the Report and Recommendation (Dkt. No. 176) by Magistrate Judge Payne, which recommends that Navico's Motion for Partial Summary Judgment That the "Kongsberg" Documents and "MS1000 System" Do Not Qualify as Prior Art (Dkt. No. 102) be granted in part. Garmin objected to the Report, (Dkt. No. 194), ..
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ORDER
RODNEY GILSTRAP, District Judge.
The above entitled and numbered civil action was referred to United States Magistrate Judge Roy S. Payne pursuant to 28 U.S.C. § 636. Before the Court is the Report and Recommendation (Dkt. No. 176) by Magistrate Judge Payne, which recommends that Navico's Motion for Partial Summary Judgment That the "Kongsberg" Documents and "MS1000 System" Do Not Qualify as Prior Art (Dkt. No. 102) be granted in part. Garmin objected to the Report, (Dkt. No. 194), and Navico responded, (Dkt. No. 206).
Having considered the Report and Recommendation, Garmin's objections, and Navico's response, IT IS ORDERED that Magistrate Judge Payne's Report and Recommendation (Dkt. No. 176) is hereby ADOPTED and Garmin's objections are OVERRULED. Navico's Motion (Dkt. No. 102) is therefore GRANTED IN PART:
(1) Navico's Motion is GRANTED as to the MS 1000 Operator Manual and the Standing Timber Application Note. Navico's Motion is also GRANTED as to Garmin's allegations of prior use and prior sale based on the 2002 sale to Odyssey Marine.
(2) As to the Babine Lake Application Note, Navico's Motion is DENIED.
Source: Leagle
