Reported / Citable
Background
Longitude Licensing Limited and 138 East LCD Advancements Limited sued BOE Technology Group Co., Ltd. and LG Electronics, Inc. in the Eastern District of Texas. The defendants filed amended counterclaims, including counterclaims seven and eight.
The plaintiffs moved to dismiss the defendants’ amended counterclaims seven and eight. They had also filed earlier motions addressing counterclaims seven and eight before the defendants filed their amended counterclaims.
The Court’s Holding
District Judge Rodney Gilstrap adopted Magistrate Judge Payne’s Report and Recommendation after no party filed objections. The recommendation concluded that the plaintiffs’ motions to dismiss amended counterclaims seven and eight should be granted.
The court granted the plaintiffs’ motions directed at the amended counterclaims (Dkt. Nos. 37 and 43). It denied as moot the earlier motions concerning the prior counterclaims (Dkt. Nos. 18 and 34) because the defendants had subsequently filed amended counterclaims (Dkt. Nos. 32 and 39).
Key Takeaways
- The court adopted the magistrate judge’s recommendation without objections.
- Amended counterclaims seven and eight were dismissed.
- Earlier motions aimed at superseded counterclaims were denied as moot.
Why It Matters
The order illustrates the procedural consequence of amended pleadings: motions directed to earlier versions of claims may become moot when an amended pleading is filed.
It also confirms that, absent objections, the district court adopted the magistrate judge’s recommendation to dismiss the challenged amended counterclaims.