Gravel Rating Systems LLC v. McAfee, LLC, No. 4:21-cv-00259 (E.D. Tex. Nov. 29, 2021)

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.

Pending before the Court is Defendant McAfee, LLC’s Motion to Strike the Expert Declaration of Hernandez as Extraneous Material Outside the Proper Scope of a Rule 12(b)(6) Motion (Dkt. #23). After reviewing the relevant pleadings, the Court finds Defendant’s motion should be DENIED as moot. Plaintiff Gravel Rating Systems LLC (“Gravel”) asserts infringement of claims 4-5 and 8-9 of its U.S. Patent No. 7,590,636 (the “’636 patent”) against Defendant McAfee, LLC (“McAfee”).