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.