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CyWee Group Ltd. v. Huawei Technologies Co., Inc., 2:17-cv-00495-RWS-RSP. (2018)

Court: District Court, E.D. Texas Number: infdco20180330607 Visitors: 13
Filed: Mar. 28, 2018
Latest Update: Mar. 28, 2018
Summary: ORDER ROBERT W. SCHROEDER, III , District Judge . Before the Court is the Report and Recommendation filed by the Magistrate Judge, which recommended that Huawei's Motion to Dismiss for lack of standing be denied. See Docket No. 50. Huawei argued that Cywee's complaint should be dismissed in light of Huawei's failure to register to do business in the state of Texas. See Docket No. 21 at 1-2. As the Magistrate Judge concluded, however, the Texas door-closing statute does not affect lawsu
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ORDER

Before the Court is the Report and Recommendation filed by the Magistrate Judge, which recommended that Huawei's Motion to Dismiss for lack of standing be denied. See Docket No. 50. Huawei argued that Cywee's complaint should be dismissed in light of Huawei's failure to register to do business in the state of Texas. See Docket No. 21 at 1-2. As the Magistrate Judge concluded, however, the Texas door-closing statute does not affect lawsuits arising solely under federal law, such as the patent laws. See Docket No. 50 at 1-2. The Magistrate Judge therefore recommended that Huawei's Motion to Dismiss be denied. See id. at 4. No objections to the Report and Recommendation have been filed, and the time to do so has now passed. Upon de novo review of the Magistrate Judge's report, the Court finds no reason to reject or modify the recommended disposition. Huawei's Motion to Dismiss should be denied.

Accordingly, it is ORDERED:

(1) The Magistrate Judge's Report and Recommendation, Docket No. 50, is ADOPTED.

(2) Huawei's Motion to Dismiss, Docket No. 21, is DENIED.

Source:  Leagle

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