Blue Spike, LLC v. Caterpillar, Inc. et al, No. 6:16-cv-01361 (E.D. Tex. May 8, 2017)

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 Magistrate Judge John D. Love’s Report and Recommendation (the “Report”) (Docket No. 43), which recommends that Defendant Caterpillar Inc.’s (“Caterpillar”) Motion to Dismiss (Docket No. 17) be converted to a motion for summary judgment and granted, and that Plaintiff Blue Spike LLC’s (“Blue Spike”) claims against Caterpillar be dismissed with prejudice. Report at 1. The Report also finds that an award of fees may be appropriate under Federal Rule of Civil Procedure 11(b)(3).