Touchscreen Gestures LLC v. Samsung Electronics Co, Ltd; et al

Filing 87

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT AND DISMISSING CERTAIN CLAIMS AND COUNTERCLAIMS by Judge Alsup terminating 82 Ex Parte Application ; granting 85 Motion for Leave to File (whalc1, COURT STAFF) (Filed on 10/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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TOUCHSCREEN GESTURES LLC,
Plaintiff,

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v.
SAMSUNG ELECTRONICS CO., LTD. ET
AL.,

Case No. 3:13-CV-02715-WHA
[PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION FOR LEAVE
TO FILE A SECOND AMENDED
COMPLAINT AND DISMISSING
CERTAIN CLAIMS AND
COUNTERCLAIMS

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

Plaintiff’s Motion to File a Second Amended Complaint against Samsung is

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GRANTED. Plaintiff shall file its Second Amended Complaint within three days

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of this order.

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2)

Plaintiff’s claims that Samsung infringes U.S. Patent Nos. 7,319,457, 8,164,575,

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7,274,357, and 7,814,031 by Samsung products that were accused or could have

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been accused by Plaintiff as the date of Plaintiff’s Second Amended Complaint are

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hereby dismissed with prejudice.

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3)

Complaint within seven days of Plaintiff’s filing the Second Amended Complaint.

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4)

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

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Defendant Samsung shall serve its Answer to Plaintiff’s Second Amended

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Defendant Samsung’s counterclaims of non-infringement and invalidity of U.S.

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Patent Nos. 7,319,457, 8,164,575, 7,274,357, and 7,814,031 and Samsung’s

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counterclaim of unenforceability of U.S. Patent No. 8,164,575 are hereby

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dismissed without prejudice.

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IT IS SO ORDERED

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Dated: October 15, 2013

By:

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Hon. William H. Alsup
United States District Judge

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

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