Opinion
W-21-CV-00399-ADA-DTG
03-15-2023
GLOBAL ETICKET EXCHANGE LTD., Plaintiff, v. TICKETMASTER L.L.C., LIVE NATION WORLDWIDE, INC., Defendants.
ORDER AND REPORTS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
DEREK T. GILLILAND, UNITED STATES MAGISTRATE JUDGE
TO: THE HONORABLE ALAN D ALBRIGHT, UNITED STATES DISTRICT JUDGE
This Report and Recommendation is submitted to the Court pursuant to 28 U.S.C. § 636(b)(1)(C), Fed.R.Civ.P. 72(b), and Rules 1(f) and 4(b) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrate Judges. Before the Court are the various pretrial motions listed in the table below. The Court heard oral argument on these motions on March 13, 2023. For the reasons stated on the record during the hearing, the Court issued the following orders and recommendations, which are memorialized below.
I. OBJECTIONS
The parties may wish to file objections to this Report and Recommendation. Parties filing objections must specifically identify those findings or recommendations to which they object. The District Court need not consider frivolous, conclusive, or general objections. See Battle v. U.S. Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987).
A party's failure to file written objections to the proposed findings and recommendations contained in this Report within fourteen (14) days after the party is served with a copy of the Report shall bar that party from de novo review by the District Court of the proposed findings and recommendations in the Report. See 28 U.S.C. § 636(b)(1)(C); Thomas v Arn, 474 U.S. 140, 15053 (1985); Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996) (en banc). Except upon grounds of plain error, failing to object shall further bar the party from appellate review of unobjected-to proposed factual findings and legal conclusions accepted by the District Court. See 28 U.S.C. § 636(b)(1)(C); Thomas, 474 U.S. at 150-53; Douglass, 79 F.3d at 1415.
ORDERS OR RECOMMENDATIONS
ECF No.
Order or Recommendation
79
For the reasons stated on the record during the March 13, 2023 hearing, it is the RECOMMENDATION of the U.S. Magistrate Judge that the Court DENY Defendants' Motion for Summary Judgment of Invalidity Pursuant to 35 U.S.C. § 101.
82
For the reasons stated on the record during the March 13, 2023 hearing, it is the RECOMMENDATION of the U.S. Magistrate Judge that the Court DENY Defendants' Motion for Summary Judgment of Noninfringement.
83
For the reasons stated on the record during the March 13, 2023 hearing, it is the RECOMMENDATION of the U.S. Magistrate Judge that the Court DENY Defendants' Motion to Strike New Infringement Theories.
80
For the reasons stated on the record during the March 13, 2023 hearing, it is the RECOMMENDATION of the U.S. Magistrate Judge that the Court GRANT Defendants' Partial Motion for Summary Judgment of No Willful Infringement.
81
For the reasons stated on the record during the March 13, 2023 hearing, this Motion is GRANTED as to Dr. Rubin's opinions relying on the European PTO opinion; DENIED on all other grounds.
84
For the reasons stated on the record during the March 13, 2023 hearing, this Motion is DENIED.
130
For the reasons stated on the record during the March 13, 2023 hearing, this Motion is DENIED.