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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Federal Circuit having determined that all claims of certain patents-insuit 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, and Plaintiff therefor seeking 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 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, 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. 1
Document 577-2 Filed 12/22/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Lemelson Medical, Education & Research Foundation, Limited Partnership, Plaintiff, vs. Emerson Electric Co., et al, Defendants.

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No. CIV 00-0660 PHX (HRH) [PROPOSED] ORDER OF DISMISSAL

Case 2:00-cv-00660-HRH

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IT IS FURTHER ORDERED that all defendants excepting IXYS Corporation and VIA Technologies, Inc., are dismissed from this action with prejudice, including all claims against them and counterclaims or other claims filed by them. DATED at Anchorage, Alaska this ______ day of _____________, 200__.

___________ H. Russel Holland United States District Judge

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Document 577-2 Filed 12/22/2005 Page 2 of 2

Case 2:00-cv-00660-HRH