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

E.D. Tex.

Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd. et al, No. 2:22-cv-00232 (E.D. Tex. July 20, 2023)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:22-cv-00232, Dkt. No. 129
Decided
July 20, 2023
Judge
Rodney Gilstrap, J.
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION AND ORDER re 63 MOTION to Dismiss Counterclaim Counts Nine to Thirteen
Length
10 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 Plaintiff Ningde Amperex Technology Limited’s (“ATL”) Motion to Dismiss Zhuhai CosMX Battery Co., Ltd.’s (“CosMX ”) Counterclaim Counts Nine to Thirteen (the “Motion”). (Dkt. No. 63.) In the Motion, ATL seeks dismissal of CosMX’s antitrust claims (Counts Nine and Ten) and CosMX’s claims for unfair competition and attempted extortion under California and Texas law (Counts Eleven, Twelve, and Thirteen). (Id.