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

E.D. Tex.

Optis Wireless Technology, LLC et al v. Apple Inc., No. 2:19-cv-00066 (E.D. Tex. Feb. 28, 2020)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:19-cv-00066, Dkt. No. 102
Decided
February 28, 2020
Judge
Rodney Gilstrap, J.
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION AND ORDER re 16 MOTION to Dismiss COUNT VIII OF PLAINTIFFS COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION filed by Apple Inc., 31 MOTION to Dismiss Count VIII of the First Amended Complaint filed by Apple Inc
Length
9 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 Apple Inc.’s (“Apple”) Motion to Dismiss Count V III of Plaintiffs ’ Complaint for Lack of Subject Matter Jurisdiction. (Dkt. N o. 16.) Count VIII of Plaintiffs ’ Complaint has been superseded by Plaintiffs’ First Amended Complaint ( see Dkt. No. 26), and consequently, the Court is of the opinion that this motion should be and hereby is DENIED- AS- MOOT. See King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994) (“An amended complaint supersedes the original complaint and renders it of no legal effect . . . .”).