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.

VirtaMove, Corp. v. Hewlett Packard Enterprise Company, No. 2:24-cv-00093 (E.D. Tex. Mar. 24, 2025)

Denied
Motion to Dismiss Inequitable Conduct
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:24-cv-00093, Dkt. No. 158
Decided
March 24, 2025
Judge
Rodney Gilstrap, J.
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION AND ORDER re 128 MOTION to Dismiss Partial filed by VirtaMove, Corp., 65 MOTION to Dismiss (Partial) filed by VirtaMove, Corp. (Motion(s)128, 65 terminated)
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 are two Partial Motions to Dismiss ( the “Motions”) filed by Plaintiff VirtaMove, Corp. (“VirtaMove”). (Dkt. Nos. 65; 128.) In the first, VirtaMove moves to dismiss International Business Machines Corp.’s (“IBM”) inequitable conduct counterclaim (Count 5) in IBM’s Answer, Affirmative Defenses, and Counterclaims (Dkt. 49) for failure to plead with particularly as required by Federal Rule of Civil Procedure 9(b). (Dkt. No.

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

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