CXT Systems Inc. v. J.C. Penney Corporation, Inc.

ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE COUNTS I, II AND III OF PLAINTIFF’S SECOND AMENDED COMPLAINT

Before the Court is Plaintiff CXT Systems, Inc. and Defendant J. C. Penney Corporation,

Inc.'s (“JC Penney” or “Defendant”) Joint Motion to Dismiss with Prejudice Counts I, II, and III of Plaintiff’s Second Amended Complaint (Dkt. No. 69 in the 2:18-cv-00171 action) with

respect to infringement of U.S. Patent Nos. 6,493,703, 6,571,234 and RE45,661 in the above captioned action pursuant to Fed. R. Civ. P. 41(a)(2). Having considered the Motion, the Court

finds that it is well taken and is hereby GRANTED.

Accordingly, it is hereby ORDERED that all claims and causes of action in Counts I, II, and III of Plaintiff’s Second Amended Complaint which assert infringement of U.S. Patent Nos. 6,493,703, 6,571,234 and RE45,661 are hereby dismissed with prejudice, while counts IV, V, and VI of Plaintiff’s Second Amended Complaint which assert infringement of U.S. Patent Nos. 7,016,875, 7,257,581, and 8,260,806 remain pending.

It is further ORDERED that all attorneys’ fees, costs of court and expense associated

with these claims be borne by each party incurring the same.

CXT Systems Inc. v. The Container Store

JOINT MOTION TO DISMISS WITH PREJUDICE COUNTS II, III AND IV

OF PLAINTIFF’S FIRST AMENDED COMPLAINT

The claims recited in Count II, III and IV of the First Amended Complaint (Dkt. No. 16

in 2:18-cv-00173 action) which alleged infringement of U.S. Patent Nos. 6,493,703, 6,571,234,

and RE45,661 have been settled. Accordingly, pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiff

CXT System, Inc. and Defendant The Container Store, Inc. respectfully request that the claims for relief asserted against Defendant by Plaintiff in Counts II, III and IV of the First Amended Complaint with respect to U.S. Patent Nos. 6,493,703, 6,571,234 and RE45,661 be dismissed, with prejudice; and the Parties further request that, as between the Parties, all attorneys’ fees, costs of court and expenses associated with these claims be borne by each Party incurring the same.

Semcon IP v. Amazon

Markman Hearing Minutes