Patent Case Watch

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

E.D. Tex.

Datatern, Inc. v. Eli Lilly and Company et al, No. 2:10-cv-00413 (E.D. Tex. May 8, 2017)

Adopted Report and recommendation (or magistrate's order) adopted
Motion to Dismiss
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:10-cv-00413, Dkt. No. 265
Decided
May 8, 2017
Judge
Robert W. Schroeder, III, J.
Document
Order
Docket Entry
ORDER ADOPTING REPORT AND RECOMMENDATION for 262 Report and Recommendation. Volkswagen, Aflac, and Walgreen Companys motions to dismiss for failure to prosecute, Docket Nos. 253-255, are GRANTED. Dataterns Complaints against these Defendant…
Length
1 page

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 the Report and Recommendation filed by Magistrate Judge Payne on April 9, 2017 (Docket No. 262) recommending that Defendants’ motion to dismiss for lack of prosecution be granted, and that Datatern’s complaint be dismissed without prejudice. No objections have been filed by Datatern. Defendant Volkswagen objects to Judge Payne’s recommendation to dismiss Datatern ’s complaint without prejudice, see Docke t No.

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Source: govinfo.gov USCOURTS collection · retrieved July 23, 2026 · Report an error