`Case l:O4—cv—O1436—LPS Document 276 Filed 05/04/09 Page 1 of 2 Page|D #: 5178
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ST. CLAIR INTELLECTUAL PROPERTY :
`
`CONSULTANTS, INC.,
`
`‘
`
`Plaintiff,
`
`v.
`
`Civil Action No. 04-l436—JJF—LPS
`
`Matsushita Electrical Industrial Co., Ltd.,
`
`et al.,
`
`Defendants.
`
`REPORT AND RECOMMENDATION
`
`REGARDING HEWLETT-PACKARD COMPANY’S MOTION
`
`TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
`
`WHEREAS, Defendant Hewlett-Packard Company (“Hewlett-Packard”) has filed a
`
`Motion To Dismiss For Lack of Subject Matter Jurisdiction (D1. 192) based on the reasons set
`
`forth in the Opening Brief in support of the Motion (1) For Jurisdictional Discovery And
`
`Hearing; and (2) To Dismiss For Lack Of Subject Matter Jurisdiction filed by Defendant Kyocera
`
`Wireless, Inc. (“Kyocera”) in St. Clair Intellectual Prop. Consultants, Inc. v. Palm, Inc., Civil
`
`Action No. 06-404—JJF—LPS;
`
`WHEREAS, Plaintiff has responded to Defendant Hewlett-Packard’s Motion by relying
`
`upon its Opposition Brief filed in Civil Action No. 06-404-JJF-LPS;
`
`WHEREAS, no grounds separate from the grounds set forth in Kyocera’s Motion have
`
`been raised by Hewlett-Packard, and no distinction was made at the hearing between the
`
`arguments raised by Plaintiff and Kyocera and the arguments advanced by Plaintiff and Hewlett-
`
`Packard here;
`
`
`
`Case 1:04-cv-01436-LPS Document 276 Filed 05/04/09 Page 2 of 2 PageID #: 5179
`Case l:O4—cv—O1436—LPS Document 276 Filed 05/04/09 Page 2 of 2 Page|D #: 5179
`
`WHEREAS, I have recommended the denial of Kyocera’s Motion;
`
`NOW THEREFORE, for the reasons set forth in the Report and Recommendation
`
`Regarding Motions To Dismiss For Lack Of Subject Matter Jurisdiction And For Jurisdictional
`
`Discovery (D.I. 183 in Civil Action No. 06-404-JJF-LPS),
`
`I recommend that Defendant Hewlett
`
`Packard’s Motion To Dismiss For Lack Of Subject Matter Jurisdiction (D.I. 192) be DENIED.
`
`This Report and Recommendation is filed pursuant to 28 U.S.C. 636(b)(1)(B), Fed. R.
`
`Civ. P. 72(b)(1) and D. Del. L.R. 72.1. The parties may serve and file specific written objections
`
`within ten (10) days after being served with a copy of this Report and Recommendation. Fed. R.
`
`Civ. P. 72(b). The failure ofa party to object to legal conclusions may result in the loss of the
`
`right to de novo review in the district court. See Henderson v. Carlson, 812 F.2d 874, 878-879
`
`(3d Cir. 1987); Simcavage v. Barnhart, 171 Fed. Appx. 924, 925 n.1 (3d Cir. 2006).
`
`Dated: May 4, 2009
`
`' W
`
`The Honorable Leonard P. Stark
`
`UNITED STATES MAGISTRATE JUDGE
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
