Semcon IP v. Amazon

Markman Hearing Minutes

Semcon IP v Kyocera Corporation

On May 9, 2018, Semcon sued Kyocera Corporation for direct and indirect

infringement of U.S. Patent Nos. 7,100,061 (the “’061 Patent”); 7,596,708 (the “’708 Patent”);

8,566,627 (the “’627 Patent”); and 8,806,247 (the “’247 Patent”) (collectively, the “Asserted

Patents”). On July 11, 2018, Kyocera International, Inc. - Kyocera’s

wholly-owned, U.S. subsidiary—filed a declaratory judgment action of non-infringement against the Asserted Patents in the Southern District of California. Semcon subsequently filed a motion to dismiss for lack of personal jurisdiction, which the California court granted.

Thereafter, Kyocera filed the instant Motion to dismiss Semcon’s Complaint on the basis that Kyocera does not engage in any infringing activity in the United States.

Having considered the parties’ arguments and the relevant case law, the Court is of the opinion that the Motion should be and hereby is DENIED.

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

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

OF PLAINTIFF’S SECOND AMENDED COMPLAINT

Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiff CXT Systems, Inc. and Defendant J.C. Penney Corporation, Inc. respectfully request that the claims for relief asserted against Defendant by Plaintiff in Counts I, II and III of the Second Amended Complaint (Dkt. No. 69 in 2:18-cv-00171 action) 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 all attorneys’ fees, costs of court and expenses associated with these claims be borne by each Party incurring the same.