Iron Oak Technologies, LLC v. Acer America Corporation, 3:18-cv-1543-M. (2018)
Court: District Court, N.D. Texas
Number: infdco20180706b85
Visitors: 6
Filed: Jul. 05, 2018
Latest Update: Jul. 05, 2018
Summary: ORDER BARBARA M.G. LYNN , Chief District Judge . Before the Court is the Report and Recommendation of the United States Magistrate Judge [ECF No. 18]. No objections were filed. The Report and Recommendation was reviewed for plain error. Finding none, the Report and Recommendation is ACCEPTED. Defendants' Motion to Dismiss for Failure to State a Claim [ECF No. 6] is GRANTED IN PART and DENIED IN PART. Plaintiff has plausibly alleged direct infringement. Plaintiff has failed to plausi
Summary: ORDER BARBARA M.G. LYNN , Chief District Judge . Before the Court is the Report and Recommendation of the United States Magistrate Judge [ECF No. 18]. No objections were filed. The Report and Recommendation was reviewed for plain error. Finding none, the Report and Recommendation is ACCEPTED. Defendants' Motion to Dismiss for Failure to State a Claim [ECF No. 6] is GRANTED IN PART and DENIED IN PART. Plaintiff has plausibly alleged direct infringement. Plaintiff has failed to plausib..
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ORDER
BARBARA M.G. LYNN, Chief District Judge.
Before the Court is the Report and Recommendation of the United States Magistrate Judge [ECF No. 18]. No objections were filed. The Report and Recommendation was reviewed for plain error. Finding none, the Report and Recommendation is ACCEPTED.
Defendants' Motion to Dismiss for Failure to State a Claim [ECF No. 6] is GRANTED IN PART and DENIED IN PART. Plaintiff has plausibly alleged direct infringement. Plaintiff has failed to plausibly allege induced and contributory infringement. Accordingly, Plaintiff's induced and contributory infringement claims are DISMISSED WITHOUT PREJUDICE. Plaintiff has leave to amend its pleading, addressing the defects identified, by July 26, 2018.
SO ORDERED.
Source: Leagle
