2:23-cv-00038•Robert Bosch, LLC v. Westport Fuel Systems Canada, Inc.
Testo completo
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. § § § § § § § § § § 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 Case 2:23-cv-00038-JRG-RSP Document 353 Filed 03/12/26 Page 1 of 2 PageID #: <pageID>
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.” ____________________________________ RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE So ORDERED and SIGNED this 11th day of March, 2026. Case 2:23-cv-00038-JRG-RSP Document 353 Filed 03/12/26 Page 2 of 2 PageID #: <pageID>
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.