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CXT Systems v The Container Store

ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE COUNTS II, III AND IV

OF PLAINTIFF’S FIRST AMENDED COMPLAINT

Before the Court is Plaintiff CXT Systems, Inc. and Defendant The Container Store, Inc.

Joint Motion to Dismiss with Prejudice Counts II, III, and IV of Plaintiff’s First Amended Complaint (Dkt. No. 16 in 2:18-cv-00173 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 ORDERED that all claims and causes of action in Counts II, III, and IV of Plaintiff’s First 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 V, VI, and VII of Plaintiff’s First 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, as between the Parties, all attorneys’ fees, costs of court and expenses associated with these claims be borne by each party incurring the same.


Lead Case No 2:18-cv-00171

Consolidated Case No. 2:18-cv-00173

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