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.