Nano-Second Technology Co Ltd v. Dynaflex International

Filing 136

ORDER re Stipulation Dismissing Dynaflex's Patent Infringement Ciounterclaim against Counter-defendant Yahigh LLC 130 by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED as follows: (1) that the third claim in counterclaimant Dynaflex's Secon d Amended Counterclaim 110 for infringement of U.S. Patent No. 5,353,655 is dismissed to the extent that it is alleged against counter-defendant Yahigh (but not with respect to any other counter-defendant); (2) that the Second Amended Counterclaim 110 shall henceforth be construed as if the third claim for infringement of U.S. Patent No. 5,353,655 is not alleged against counter-defendant Yahigh; (3) that counter-defendant Yahigh's Motion to Dismiss 127 currently scheduled for hearing on July 3, 2012 shall be taken off calendar as moot; and (4) that counter-defendant Yahigh shall have seven (7) days from entry of this Order to respond to the remaining claims alleged against it in Dynaflex's Second Amended Counterclaim 110 . (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No. CV 10-9176 RSWL (MANx)

NANO-SECOND TECHNOLOGY
CO. LTD, a Taiwanese corporation,

Assigned to Hon. Ronald S.W. Lew
Complaint Filed: November 30, 2010

Plaintiff,
v.

ORDER DISMISSING DYNAFLEX’S
PATENT INFRINGEMENT
COUNTERCLAIM AGAINST
COUNTER-DEFENDANT
YAHIGH LLC PURSUANT TO THE
STIPULATION OF THE PARTIES

DYNAFLEX INTERNATIONAL, a
California corporation; and GFORCE
CORPORATION d/b/a DFX SPORTS
& FITNESS, a Nevada corporation,

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Defendants.

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DYNAFLEX INTERNATIONAL, a
California corporation,

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Counterclaimant,
v.
NANO-SECOND TECHNOLOGY
CO. LTD, a Taiwanese corporation;
RPM SPORTS, an Irish corporation;
and YAHIGH LLC, a California
Limited Liability Company; and Does
1-10,
Counter-Defendants.

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RC1/6483094.1/JH6

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CV 10-9176 RSWL (MANx)

ORDER DISMISSING PATENT INFRINGEMENT COUNTERCLAIM AGAINST COUNTER-DEFENDANT YAHIGH LLC

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Counterclaimant Dynaflex International (“Dynaflex”) and counter-defendant

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Yahigh LLC (“Yahigh”) having stipulated, through their respective counsel, that

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the patent infringement claim asserted in Dynaflex’s Second Amended

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Counterclaim may be dismissed to the extent that it is alleged against counter-

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defendant Yahigh:

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IT IS HEREBY ORDERED as follows:

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(1)

that the third claim in counterclaimant Dynaflex’s Second Amended

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Counterclaim (Dkt. No. 110) for infringement of U.S. Patent No. 5,353,655 is

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dismissed to the extent that it is alleged against counter-defendant Yahigh (but not

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with respect to any other counter-defendant);

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(2)

that the Second Amended Counterclaim (Dkt. No. 110) shall

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henceforth be construed as if the third claim for infringement of U.S. Patent

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No. 5,353,655 is not alleged against counter-defendant Yahigh;

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(3)

that counter-defendant Yahigh’s Motion to Dismiss (Dkt. No. 127)

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currently scheduled for hearing on July 3, 2012 shall be taken off calendar as moot;

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and

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(4)

that counter-defendant Yahigh shall have seven (7) days from entry of

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this Order to respond to the remaining claims alleged against it in Dynaflex’s

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Second Amended Counterclaim (Dkt. No. 110).

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Dated: June 7, 2012

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RONALD S.W. LEW
____________________________________
RONALD S.W. LEW
SENIOR, U.S. DISTRICT COURT JUDGE

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RC1/6483094.1/JH6

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CV 10-9176 RSWL (MANx)

ORDER DISMISSING PATENT INFRINGEMENT COUNTERCLAIM AGAINST COUNTER-DEFENDANT YAHIGH LLC