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ORDER Granting Motion to Dismiss with Prejudice


This Court ORDERS that Plaintiff's claims against Defendant are DISMISSED WITH PREJUDICE and Defendant's counterclaims against Plaintiff are DISMISSED WITH PREJUDICE.

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Before the Court is Plaintiff Mariner IC Inc.’s and Defendant ASUSTek Computer Inc.’s Joint 4-3 Claim Construction and Prehearing Statement regarding the asserted claims of U.S. Patent Nos. 5,650,666 and 5,846,874. ASUSTek represents that “it does not contest any of Mariner’s proposed constructions” and “does not independently advance the constructions proposed by TiVo (proposed constructions in which ASUSTek previously joined, but from which it now withdraws).” With that in mind, “Mariner accepts ASUSTek’s offer to vacate the remaining claim construction proceedings and to request entry of an order adopting Mariner’s proposed claim constructions.” Relying upon the Parties’ representation that “there are no longer any contested terms” and that the Parties “do not anticipate needing a Claim Construction Hearing”, the Court hereby ORDERS AND ADOPTS the constructions set forth herein. Accordingly, the Court VACATES the Claim Construction Hearing previously scheduled for June 20, 2019.

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