Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Positive Technologies Inc. v. BenQ America Corp. et al, No. 2:07-cv-00067 (E.D. Tex. Mar. 31, 2008)

Granted
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:07-cv-00067, Dkt. No. 331
Decided
March 31, 2008
Judge
See opinion
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM AND OPINION AND ORDER - for reasons stated herein the court grants 162 Motion for substitution. It is therefore ordered that Positive Technologies, Inc. is substituted under Fed. R. Civ. P.25 (c) nunc pro tunc for Positive Techno…
Length
5 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the court is Plaintiff Positive Technologies, Inc.’s Motion for Substitution (Dkt. No. 162) and r elated b riefing. A fter c arefully c onsidering t he p arties’ s ubmissions, t he M otion is GRANTED. I. Background Plaintiff Positive Technologies Inc. (“Positive-California”) was the plaintiff in Case No. 2:06-CV-22 (“the first action”) asserting the same patents-at-issue in this case. Positive-California, however, did not own the asserted patents when it filed the complaint in the first action.