ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE COUNTS I, II, OF PLAINTIFF’S COMPLAINT
Before the Court is Plaintiff CXT Systems, Inc. and Defendant Tailored Brands, Inc., Joint Motion to Dismiss with Prejudice Counts I and II of Plaintiff’s Complaint with respect to infringement of U.S. Patent Nos. 6,412,012, 6,493,703, in the above-captioned action pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Having considered the Motion, the Court finds that it is well taken and is hereby GRANTED.
Accordingly, it is ORDERED that all claims and causes of action in Counts I and II of Plaintiff’s Complaint which assert infringement of U.S. Patent Nos. 6,412,012, 6,493,703, are hereby dismissed with prejudice, while counts III, IV, and V of Plaintiff’s Complaint which assert infringement of U.S. Patent Nos. 7,016,875, 7,257,581, and 8,260,806 remain pending.
Lead Case No. 2:18-cv-00171
Consolidated Case No. 2:18-cv-00235