HTC Corporation et al v. Telefonaktiebolaget LM Ericsson et al

Justia Dockets & Filings Fifth Circuit Texas Eastern District HTC Corporation et al v. Telefonaktiebolaget LM Ericsson et al

HTC Corporation et al v. Telefonaktiebolaget LM Ericsson et al

Case Number:	6:2018cv00581
Filed:	November 7, 2018
Court:	US District Court for the Eastern District of Texas
Office:	Tyler Office
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract

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Date Filed	Document Text
November 7, 2018	Filing 220 MEMORANDUM OPINION AND ORDER. The Court hereby GRANTS Ericsson's 132 Motion to Sever, Stay, and Compel Arbitration of Plaintiff's "Past Refund" Claims Under Prior Licensing Agreements, 140 MOTION to Server and Stay HTC's Newly Asserted Antitrust Claims and Request for Case Management Conference, and 155 Motion to Compel Arbitration, or in the Alternative Dismiss HTC's Antitrust Claims Pursuant to Rule 12(b)(6). It is therefore ORDERED that HTC's request for back royalties pursuant to Count I and HTC's antitrust allegations pursuant to Counts III and IV of the Second Amended Complaint, (Dkt. No. 135 ) (the Severed Claims) are hereby SEVERED and shall be submitted to arbitration for a determination of their arbitrability. It is further ORDERED that the Severed Claims, as a new and distinct case in this Courts docket, are STAYED pending resolution of the arbitration. Signed by District Judge Rodney Gilstrap on 11/7/2018. (rlf)

Date Filed

Document Text

November 7, 2018

Filing 220 MEMORANDUM OPINION AND ORDER. The Court hereby GRANTS Ericsson's 132 Motion to Sever, Stay, and Compel Arbitration of Plaintiff's "Past Refund" Claims Under Prior Licensing Agreements, 140 MOTION to Server and Stay HTC's Newly Asserted Antitrust Claims and Request for Case Management Conference, and 155 Motion to Compel Arbitration, or in the Alternative Dismiss HTC's Antitrust Claims Pursuant to Rule 12(b)(6). It is therefore ORDERED that HTC's request for back royalties pursuant to Count I and HTC's antitrust allegations pursuant to Counts III and IV of the Second Amended Complaint, (Dkt. No. 135 ) (the Severed Claims) are hereby SEVERED and shall be submitted to arbitration for a determination of their arbitrability. It is further ORDERED that the Severed Claims, as a new and distinct case in this Courts docket, are STAYED pending resolution of the arbitration. Signed by District Judge Rodney Gilstrap on 11/7/2018. (rlf)

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