Robert Bosch, LLC v. Westport Fuel Systems Canada, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROBERT BOSCH LLC.
Plaintiff,
v.
WESTPORT FUEL SYSTEMS
CANADA, INC.,
Defendant.
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CASE NO. 2:23-CV-00038-JRG-RSP
ORDER
Westport Fuel Systems Canada Inc. (“Westport”) previously filed a Motion for Partial
Summary Judgment of No Invalidity. (Dkt. No. 179.) Magistrate Judge Payne entered a
Report and Recommendation (Dkt. No. 319), recommending the Court grant-in-part and
deny-in-part Westport’s motion. Robert Bosch, LLC (“Bosch”) has now filed Objections (Dkt.
No. 340), to the Report and Recommendation as well as to the Order granting-in-part and
denying-in-part (Dkt. No. 321) Westport’s Motion to Strike Certain Opinions of Dr. Richard
Klopp (the “Motion to Strike”) (Dkt. No. 187).
After conducting a de novo review of the briefing on the motion, the Report and
Recommendation, and the briefing on Bosch’s Objections, the Court agrees with the reasoning
provided within the Report and Recommendation. Consequently, the Court OVERRULES
Bosch’s Objections and ADOPTS the Report and Recommendation and orders that the
Motion for Partial Summary Judgment (Dkt. No. 179) is DENIED with respect to enablement of
the term, “whereby said hydraulic fluid acts substantially as a solid with said thickness
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being substantially constant,” and otherwise GRANTED.1 The Court further clarifies that
because the 50-day period, under Local Patent Rule 3-6(a)(2)(B), has since tolled, any further
invalidity theories, including on written descriptions, are necessarily waived.2
1 The Court also agrees with the reasoning in the Order on Westport’s Motion to Strike.
2 Fn. 1 of the R&R notes that “Bosch’s failure to obtain leave in conjunction with its objections cannot support a
showing of good cause.”
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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 11th day of March, 2026.
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