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 7, 2022

2:21-CV-00473-JRG-RSP (E.D. Tex. Nov. 7, 2022)

Opinion

2:21-CV-00473-JRG-RSP

11-07-2022

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

RODNEY GILSTRAP, UNITED STATES DISTRICT JUDGE

ORDER

RODNEY GILSTRAP, UNITED STATES DISTRICT JUDGE

Consolidated defendant Abbott Laboratories previously filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(3) and (6) raising a licensing defense. (Dkt. No. 47.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 176), recommending that the motion be denied. Defendant Abbott Laboratories has since filed an objection (Dkt. No. 186), and Estech Systems IP, LLC has filed a response (Dkt. No. 196).

After conducting a de novo review of the briefing on the motion to dismiss, the Report and Recommendation, and the briefing on the objection and response, the Court agrees with the reasoning provided within the Report and Recommendation and concludes that the objection fails to show that the Report and Recommendation was erroneous. Consequently, the Court OVERRULES defendant Abbott Laboratories' objection, ADOPTS the Report and Recommendation, and orders that the motion to dismiss (Dkt. No. 47) is DENIED.

So Ordered.