Free Order on Motion to Dismiss Case - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) BUTLER MANUFACTURING CO., et al., ) ) Defendants. ) ___________________________________)

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

CIV 00-0662 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).

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. IT IS ORDERED that plaintiff's action is dismissed in its entirety with prejudice. The counterclaims of defendants Applied

Power, Inc., Kohler Company, and U.S. Can Corporation are 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.

1

Clerk's Docket No. 552. - 1 -

Case 2:00-cv-00662-HRH

Document 565

Filed 02/03/2006

Page 1 of 2

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. Requests for Rule 54(b) rulings are denied as moot. DATED at Anchorage, Alaska, this 1st day of February, 2006.

/s/ H. Russel Holland United States District Judge

- 2 -

Case 2:00-cv-00662-HRH

Document 565

Filed 02/03/2006

Page 2 of 2