epicRealm Licensing, LLC v. Franklin Covey Co. et al, No. 5:07-cv-00126 (E.D. Tex. Nov. 17, 2008)

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.

In her Report and Recommendation dated July 15, 2008, the Magistrate Judge recommended that Herbalife’s Motion for Partial Summary Judgment of Noninfringement be granted. Dkt. No. 563. Specifically, the Magistrate Judge found no genuine issues of material fact regarding whether Herbalife was a “user” under the Federal Circuit’s opinion in NTP, Inc. v. Research in Motion, Ltd., 418 F.3d 1282 (Fed. Cir. 2005), or this Court’s opinion in epicRealm Licensing, LLC v. Autoflex Leasing, Inc., et al., 492 F. Supp. 2d 608 (E.D. Tex. 2007). Id. at 18-23.