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

E.D. Tex.

Semcon IP Inc. v. Huawei Device USA Inc. et al, No. 2:16-cv-00437 (E.D. Tex. Dec. 12, 2017)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:16-cv-00437, Dkt. No. 486
Decided
December 12, 2017
Judge
Roy S. Payne, M.J.
Document
Memorandum Opinion and Order
Length
8 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.

Huawei moves for leave to join Texas Instruments ’ motion for summary judgment of no presuit damages, based on the alleged failure of Semcon ’s predecessor and its licensees to mark products covered by the patents-in-suit as required by 35 U.S.C. § 287(a). Dkt. No. 462. Huawei also moves to supplement its dama ges report to account for the alleged failure to mark . Dkt. No. 465. For the following reasons, Huawe i’s motion for leave to join the motion for summary judgment is denied, but the motion to supplement the damages report is granted.