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

E.D. Tex.

MedioStream Inc v. Microsoft Corporation, No. 2:08-cv-00369 (E.D. Tex. Oct. 29, 2010)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:08-cv-00369, Dkt. No. 516
Decided
October 29, 2010
Judge
See opinion
Document
Order
Docket Entry
MEMORANDUM OPINION and ORDER - the court GRANTS MedioStreams motion to dismiss with regard to Neros fifth counterclaim alleging breach of contract due to MedioStreams failure to destroy or return its copy of the embedded API. The court, how…
Length
20 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.

1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEDIOSTREAM, INC. § § vs. § CASE NO. 2:08-CV-369-CE § MICROSOFT CORPORATION § MEMORANDUM OPINION Before the court is plaintiff MedioStream, Inc.’s (“MedioStream”) motion to dismiss defendant Nero AG’s (“Nero”) fifth through fourteenth counterclaims under Rule 12(b)(6) (Dkt. No. 225).