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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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

) ) ) Plaintiff, ) ) vs. ) ) EMERSON ELECTRIC CO., et al., ) ) Defendants. ) ___________________________________)

CV 00-0660 PHX (HRH)

ORDER OF DISMISSAL Plaintiff moves to dismiss certain of its claims.1

Various of the defendants have responded and seek Rule 54(b) determinations. The Federal Circuit has determined that all claims of certain patents-in-suit are unenforceable in Symbol Technologies, Inc. V. Lemelson Medical, Education & Research Foundation, Limited Partnership, United States Court of Appeals for the Federal

Circuit, No. 04-1451.

Plaintiff therefore seeks to dismiss all

claims based thereon, and good cause appearing therefor, IT IS ORDERED that all claims based on the following patents are dismissed with prejudice as to all defendants pursuant to Federal Rule of Civil Procedure 41(a)(2): United States Patents No. 4,338,626, 4,511,918, 4,969,038, 4,979,029, 4,984,073,

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Clerk's Docket No. 577. - 1 -

Case 2:00-cv-00660-HRH

Document 592

Filed 02/03/2006

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5,023,714, 5,067,012, 5,119,190, 5,119,205, 5,128,753, 5,144,421, 5,249,045, 5,283,641, and 5,351,078. The counterclaim of defendant Plexus Corporation is dismissed without prejudice. IT IS FURTHER ORDERED that, there being no just reason for delay, the clerk of court shall forthwith enter final judgment pursuant dismissing to Rule this 54(b), action Federal in its Rules of Civil (all Procedure, claims and

entirety

counterclaims) as to all defendants except IXYS Corporation and VIA Technologies, Inc. to delay entry of The court concludes that there is just reason a partial judgment as to defendants IXYS

Corporation and VIA Technologies, Inc. IT IS FURTHER ORDERED that this action remains pending as to No. plaintiff's 4,390,586, claims based upon United and States Patents and

5,039,836,

5,170,032,

5,231,259

counterclaims, if any, related thereto. 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. DATED at Anchorage, Alaska, this 1st day of February, 2006.

/s/ H. Russel Holland United States District Judge

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Case 2:00-cv-00660-HRH

Document 592

Filed 02/03/2006

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