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.