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

E.D. Tex.

Bloom Energy Corporation v. Plansee SE et al, No. 2:22-cv-00101 (E.D. Tex. Feb. 9, 2023)

See Opinion Disposition stated in the opinion
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:22-cv-00101, Dkt. No. 74
Decided
February 9, 2023
Judge
Roy S. Payne, M.J.
Document
Report and Recommendation
Docket Entry
REPORT AND RECOMMENDATIONS re 17 SEALED MOTION Defendants' Motion to Dismiss the Complaint and Compel Arbitration, or Alternatively to Stay filed by Plansee SE, Global Tungsten and Powders Corporation
Length
7 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, defendants Plansee SE and Global Tungsten and Powders Corp. (“GTP”) move to either dismiss or stay the entire action pursuant to Federal Rule of Civil Procedure 12(b)(1) or 12(b)(3) in accordance with an arbitration agreement. Dkt. No. 17. Alternatively, the defendants move for dismissal of claims under the RICO Act and Clayton Act pursuant to Federal Rule of Civil Procedure 12(b)(6).