Capital One prevails before Magistrate Judge Anderson

Posted on July 12, 2010 by Robert Angle

As a follow-up to our July 1, 2010, post regarding Walker Digital, LLC v. Capital One Services, LLC, Case No. 1:10cv212 (E.D. Va.) (see here), Magistrate Judge Anderson granted Capital One’s motion for summary judgment of non-infringement on July 2, 2010. The one-page Order offers no explanation of the grounds for Magistrate Judge Anderson’s decision and no memorandum opinion appears to be forthcoming. On July 12, 2010, the Court entered an Order dismissing Capital One’s counterclaims against Walker Digital without prejudice, and directing the clerk to enter final judgment of non-infringement in favor of Capital One.

From Capital One’s perspective, the election of Magistrate Judge Anderson to oversee the case seems to have paid off, at least for now. The case appears destined for the Federal Circuit, so we will see how it fairs on appeal.

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