Summary
rejecting indefiniteness challenge on Rule 12 motion, agreeing that "construction is exactly what is required before a ruling can be made concerning the alleged invalidity of the claim"
Summary of this case from Stuart v. Rust-Oleum Corp.Opinion
CASE NO. 4:12cv196
11-14-2012
TITANIDE VENTURES, LLC, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.
Judge Clark/Judge Mazzant
ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 18, 2012, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant IBM's Motion to Dismiss [Doc. #24] be denied.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the court.
It is, therefore, ORDERED that Defendant IBM's Motion to Dismiss [Doc. #24] is DENIED.
So ORDERED and SIGNED this 14 day of November, 2012.
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Ron Clark, United States District Judge