`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`Case No. 2:23-cv-359-JRG
`
`
`
`Jury Trial Demanded
`
`Plaintiff,
`
`
`
`v.
`
`
`Infogation Corporation,
`
`
`
`
`
`Toyota Motor Corporation, Toyota Motor
`North America, Inc., Toyota Motor
`Engineering & Manufacturing North
`America, Inc., and Toyota Motor Sales,
`U.S.A., Inc.,
`
`
`
`
`Defendants.
`
`PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION TO DISMISS AND REQUEST FOR
`VOLUNTARY DISMISSAL OF COUNTS II AND III WITHOUT PREJUDICE
`
`Plaintiff Infogation Corporation files this Response to Defendants Toyota Motor Corporation,
`
`Toyota Motor North America, Inc., Toyota Motor Engineering & Manufacturing North America, Inc., and
`
`Toyota Motor Sales, U.S.A., Inc.’s (“Toyota” or “Defendants”) Motion to Dismiss (Dkt. 12)
`
`(“Defendants’ Motion”); and Request for Voluntary Dismissal of Counts II and III Without Prejudice.
`
`In Defendant’s Motion, Defendants argue that Counts II and III of the Complaint do not satisfy
`
`the requirements of Rule 8(a)(2) of the Federal Rules of Civil Procedure, and ultimately moves this Court
`
`for dismissal of those counts. Counts II and III concern infringement allegations with respect to U.S.
`
`Patent No. 8,898,003 and U.S. Patent No. 8,406,994, respectively. Defendants’ Motion at 1. Defendants
`
`have not pleaded a counterclaim in this action in parallel to Defendants’ Motion.
`
`RESPONSE TO MOTION AND REQUEST FOR VOLUNTARY DISMISSAL OF COUNTS II AND III WITHOUT
`PREJUDICE
`
`
`
`Case 2:23-cv-00359-JRG Document 27 Filed 02/14/24 Page 2 of 2 PageID #: 325
`
`In light of Defendant’s Motion and absence of counterclaim, and in the interest of streamlining the
`
`litigation as it currently stands, Plaintiff respectfully requests that the Court voluntarily dismiss Counts II
`
`and III, and keep active Counts I and IV, of the Complaint without prejudice.
`
`
`Dated: February 14, 24
`
`
`
`
`Respectfully Submitted
`
`
`
`/s/ Christopher A. Honea
`M. Scott Fuller
` Texas Bar No. 24036607
` sfuller@ghiplaw.com
`Randall Garteiser
` Texas Bar No. 24038912
` rgarteiser@ghiplaw.com
`Christopher A. Honea
` Texas Bar No. 24059967
` chonea@ghiplaw.com
`
`GARTEISER HONEA, PLLC
`119 W. Ferguson Street
`Tyler, Texas 75702
`Telephone: (903) 705-7420
`
`ATTORNEYS FOR PLAINTIFF
`
`
`
`
`Certificate of Service
`
`I hereby certify that on February 14, 24, I electronically filed the foregoing using the Court’s Case
`
`Management and Electronic Case Filing system, which will send notification of such filing to counsel of
`
`record as registered in the Court’s system. Those counsel not registered with the Court’s system will
`
`receive service via electronic and U.S. Mail.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Christopher A. Honea
`Christopher A. Honea
`
`
`
`
`
`
`
`
`
`RESPONSE TO MOTION AND REQUEST FOR VOLUNTARY DISMISSAL OF COUNTS II AND III WITHOUT
`PREJUDICE
`
`
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
