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Neo Wireless LLC v. Dell Techs. Inc.

Neo Wireless LLC v. Dell Techs. Inc.

United States District Court for the Western District of Texas, Austin Division

June 7, 2022, Decided; June 7, 2022, Filed

No. 1:22-CV-60-DAE

Opinion

ORDER ADOPTING U.S. MAGISTRATE JUDGE LANE'S REPORT AND RECOMMENDATION

Before the Court is U.S. Magistrate Judge Lane's Report and Recommendation ("Report") on Defendants Dell Technologies Inc. and Dell Inc.'s Opposed Motion [*2]  to Stay Case Pending Resolution of Defendants' Petitions for Inter Partes Review (Dkt. # 68). (Dkt. # 77.) The Court finds this matter suitable for disposition without a hearing. After careful consideration, the Court—for the reasons that follow—ADOPTS the Magistrate Judge's Report.

BACKGROUND

On January 12, 2021, Neo Wireless LLC ("Neo") filed its Original Complaint against Dell Technologies Inc. and Dell Inc. (collectively "Dell"), alleging claims for patent infringement for five patents in the Western District of Texas for the Waco Division. (Dkt. # 1.) Neo asserts that five patents are involved or are "patents-in-suit", including the '366, '517, '908, '941, and '450 patents. (Id.) On January 20, 2022, Judge Albright granted Dell's Motion for Intra-District Transfer. (Dkt. # 60.) On January 21, 2022, the case was transferred to the Austin Division and assigned to Judge Robert Pitman. (Dkt. # 60.) On January 26, 2022, Judge Pitman transferred the case to the docket of the undersigned. (Dkt. # 64.)

In light of Dell's filing for inter partes review against all five patents-in-suit, Dell filed its motion to stay these proceedings until there was a final resolution of the inter partes review process. (Dkt. # 68.) [*3]  However, after the completion of briefing, Dell notified the Court that three of the patents-in-suit had been denied inter partes review ("IPR"). (Dkt. # 75.) The IPR decisions on the remaining two patents-in-suit are expected by September. (Id.)

DISCUSSION

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2022 U.S. Dist. LEXIS 127095 *; 2022 WL 2763139

NEO WIRELESS LLC, Plaintiff, vs. DELL TECHNOLOGIES INC., DELL INC., Defendants.

Prior History: Neo Wireless LLC v. Dell Techs. Inc., 2022 U.S. Dist. LEXIS 127098, 2022 WL 2763150 (W.D. Tex., Apr. 12, 2022)

CORE TERMS

patents, patents-in-suit, inter partes, proceedings, petitions, Technologies, simplify, agrees, potential prejudice, transferred