Estech Sys. IP v. Mitel Networks, Inc.

Full title: ESTECH SYSTEMS IP, LLC, Plaintiff, v. MITEL NETWORKS, INC., Defendant.

Court: United States District Court, E.D. Texas, Marshall Division

Date published: Nov 2, 2022

2:21-CV-00473-JRG-RSP (E.D. Tex. Nov. 2, 2022)

Opinion

2:21-CV-00473-JRG-RSP

11-02-2022

ESTECH SYSTEMS IP, LLC, Plaintiff, v. MITEL NETWORKS, INC., Defendant.

RODNEY GILSTRAP, UNITED STATES DISTRICT JUDGE

ORDER

RODNEY GILSTRAP, UNITED STATES DISTRICT JUDGE

Defendants Fiserv Inc. and Fiserv Solutions, LLC. (collectively “Fiserv”) previously moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim of direct infringement, pre-suit indirect infringement, and pre-suit willful infringement. (Dkt. No. 67.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 178), recommending that the motion be denied.

Given that no objection has been filed and for the sound reasons set forth in the Report and Recommendation, the Court ADOPTS the Report and Recommendation. It is therefore ORDERED that the motion to dismiss (Dkt. No. 67) is DENIED.

So ORDERED.