Touchscreen Gestures LLC v. HTC Corporation et al

Filing 72

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT AND DISMISSING CERTAIN CLAIMS AND COUNTERCLAIMS by Hon. William Alsup granting 69 Motion for Leave to File.(whalc1, COURT STAFF) (Filed on 10/17/2013)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO

TOUCHSCREEN GESTURES LLC,
Plaintiff,
v.
HTC CORPORATION, ET AL.,

Case No. 3:13-CV-01772-WHA
[PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION FOR LEAVE
TO FILE A SECOND AMENDED
COMPLAINT AND DISMISSING
CERTAIN CLAIMS AND
COUNTERCLAIMS

Defendants.

Having considered the parties briefing on this motion, the Court orders as follows:
1)

Plaintiff’s Motion to File a Second Amended Complaint against HTC Corporation
and HTC America (collectively “HTC”) is GRANTED. Plaintiff shall file its
Second Amended Complaint within three days of this order.

2)

Plaintiff’s claims that HTC infringes U.S. Patents Nos. 7,319,457, 8,164,575,
7,274,357, and 7,814,031 by HTC products that were accused or could have been
accused by Plaintiff as the date of Plaintiff’s Second Amended Complaint are
hereby dismissed with prejudice.

3)

Defendant HTC shall serve its Answer to Plaintiff’s Second Amended Complaint
within seven days of Plaintiff’s filing the Second Amended Complaint.

4)

Defendant HTC ’s Answer shall not assert counterclaims regarding U.S. Patents
Nos. 7,319,457, 8,164,575, 7,274,357, or 7,814,031.

5)

Defendant HTC’s counterclaims of non-infringement and invalidity of U.S.
Patents Nos. 7,319,457, 8,164,575, 7,274,357, and 7,814,031 and HTC’s
counterclaim of unenforceability of U.S. Patent No. 8,164,575 are hereby
dismissed without prejudice.

IT IS SO ORDERED

October 16, 2013.
Dated: ___________

By:
Hon. William H. Alsup
United States District Judge

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A SECOND AMENDED
COMPLAINT AND DISMISSING CERTAIN CLAIMS AND COUNTERCLAIMS

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