Opinion
21-12325
05-05-2022
Materialize, Inc., Plaintiff, v. Materialise, N.V. and Materialise USA LLC, Defendants.
Curtis Ivy, Jr. Mag. Judge
ORDER ADOPTING REPORT AND RECOMMENDATION [21]
JUDITH E. LEVY UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Curtis Ivy, Jr.'s Report and Recommendation (ECF No. 21) recommending that the Court grant in part and deny in part Defendants Materialise, N.V. and Materialise USA LLC's motion to dismiss Plaintiff Materialize, Inc.'s complaint (ECF No. 12). The parties were required to file specific written objections, if any, within fourteen days of service. Fed.R.Civ.P. 72(b)(2); E.D. Mich. LR 72.1(d). No objections were filed. The Court has nevertheless carefully reviewed the Report and Recommendation and concurs in the reasoning and result. Accordingly, The Report and Recommendation (ECF No. 21) is ADOPTED;
Defendants' motion to dismiss (ECF No. 12) is GRANTED IN PART AND DENIED IN PART. Specifically, the Court DISMISSES all claims against Defendant Materialise USA LLC and the dilution claim against Defendant Materialise, N.V. because it lacks subject matter jurisdiction over those claims. Plaintiff's claim for declaratory judgment of noninfringement against Defendant Materialise, N.V. remains in the case.
By failing to object to the Report and Recommendation, the parties have forfeited any further right of appeal. See United States v. Wandahsega, 924 F.3d 868, 878 (6th Cir. 2019); see also Berkshire v. Beauvais, 928 F.3d 520, 530 (6th Cir. 2019).
IT IS SO ORDERED.