In litigation, one principle remains steady: Better to win. For Tracey Davies and William Dawson, two IP litigation partners in the Dallas office of Gibson Dunn & Crutcher, who represent defendant T-Mobile Corp. in multiple patent cases, this is particularly true.
On March 19, U.S. District Judge Rodney Gilstrap for the Eastern District of Texas in Marshall issued a final judgment in favor of defendant T-Mobile, in Calypso Wireless et al v. T-Mobile Corp., dismissing a patent infringement suit. Gilstrap based his final judgment on a Jan. 15 report and recommendation issued by U.S. Magistrate Judge Roy S. Payne, which proposed granting T-Mobile’s motion for summary judgment of non-infringement of all asserted claims. Payne based his recommendation on the ground that T-Mobile’s devices did not rely upon a pivotal element of the switching technology significant to the infringement claims. Specifically, the report states that T-Mobile’s devices didn’t have a pre-established range for when they would switch receiver technology.
