Icon Health & Fitness, Inc. v. Horizon Fitness, Inc. et al, No. 5:08-cv-00026 (E.D. Tex. Aug. 21, 2009)

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.

Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for Assignment of Duties to United States Magistrate Judges, Plaintiff ICON Health & Fitness, Inc.’s Motion to Dismiss Count III, Count IV, Count VIII, and Count X from True Fitness Technology, In c.’s Amended Answer to First Amended Complaint for Patent Infringement and Counter claim (Docket Entry # 165), dated May 7, 2009, was re ferred to the undersigned for the purpose of prepa ring a re port and re commendation.