Free Order Dismissing Case - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) COMPUSA, INC., et al., ) ) Defendants. ) ___________________________________)

LEMELSON MEDICAL, EDUCATION & RESEARCH FOUNDATION, L.P.,

CV 00-0663 PHX (HRH)

ORDER OF DISMISSAL The Federal Circuit has determined that all claims of the patents-in-suit are unenforceable. to dismiss this case pursuant Plaintiff has therefore moved1 to Federal Rule of Civil

Procedure 41(a)(2).

Plaintiff has withdrawn its motion to dismiss

as to defendant Systemax, Inc., only;2 and thereafter noticed the dismissal of Systemax, Inc., pursuant to Federal Rule of Civil Procedure 41(a)(1)(i).3 Various of the defendants have responded

and do not oppose the substance of plaintiff's motion to dismiss. Some seek conditions as to a dismissal order.

1

Clerk's Docket No. 709. Clerk's Docket No. 722. Clerk's Docket No. 723. - 1 -

2

3

Case 2:00-cv-00663-HRH

Document 728

Filed 02/06/2006

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IT IS ORDERED that plaintiff's action is dismissed in its entirety with prejudice. The counterclaim of defendant Jo-Ann

Stores, Inc., is dismissed without prejudice. IT IS FURTHER ORDERED that the clerk of court shall forthwith enter final judgment dismissing this action in its entirety (all claims and counterclaims) as to all defendants. IT IS FURTHER ORDERED that any motion for attorney fees or costs by terminated defendants be made in accordance with Local Rule 54.2. Counsel will please familiarize themselves with that

rule and follow the special motion procedures set forth for motions for attorney fees. This order disposes of all pending motions. attorney fees are denied with leave to renew. DATED at Anchorage, Alaska, this 2nd day of February, 2006. Motions for

/s/ H. Russel Holland United States District Judge

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Case 2:00-cv-00663-HRH

Document 728

Filed 02/06/2006

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