Otter Products, LLC v. Treefrog Developments Inc.

Filing 30

ORDER granting 29 Plaintiff Otter Products, LLC and Defendant Treefrog Developments Inc.'s Joint Motion of Dismissal of certain claims and counterclaims. by Judge William J. Martinez on 12/19/2011.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-02180-WJM-KMT
OTTER PRODUCTS, LLC, a Colorado Limited Liability Company,
Plaintiff,
v.
TREEFROG Developments Inc., A Delaware Corporation d/b/a LIFEPROOF
Defendant.
_____________________________________________________________________
ORDER GRANTING JOINT MOTION FOR DISMISSAL OF CERTAIN CLAIMS
_____________________________________________________________________
This matter, coming before the Court upon Plaintiff Otter Products, LLC and
Defendant Treefrog Developments Inc.'s Joint Motion of Dismissal, filed December 15,
2011 (ECF No. 29), the Court having considered the record and being otherwise fully
advised hereby ORDERS as follows:
The Parties’ Joint Motion is GRANTED. The following claims and counterclaims
are DISMISSED in this action:
1.

The Second Claim for Relief (Infringement of U.S. Patent No. 7,180,735)
asserted by OtterBox in its original Complaint [Doc. No. 1], as it relates to
the accused "iPhone 4 LifeProof Case" "Swimming Headphone Adapter"
and "General Use Headphone Adapter" products, WITH PREJUDICE;

2.

The Second Claim for Relief (Infringement of U.S. Patent No. 7,180,735)
asserted by OtterBox in its original Complaint [Doc. No. 1], as it relates to

the accused "iPad 2 LifeProof Case" product, WITHOUT PREJUDICE;
3.

The Third Claim for Relief (Infringement of U.S. Patent No. 7,312,984)
asserted by OtterBox in its original Complaint [Doc. No. 1], as it relates to
the accused "iPhone 4 LifeProof Case" "Swimming Headphone Adapter"
and "General Use Headphone Adapter" products, WITH PREJUDICE;

4.

The Third Claim for Relief (Infringement of U.S. Patent No. 7,312,984)
asserted by OtterBox in its original Complaint [Doc. No. 1], as it relates to
the accused "iPad 2 LifeProof Case" product, WITHOUT PREJUDICE;

5.

The Counterclaims for Non-Infringement of U.S. Patent No. 7,180,735 and
U.S. Patent No. 7,312,984 asserted by LifeProof [Doc. No. 10], with
respect to the accused "iPhone 4 LifeProof Case" "Swimming Headphone
Adapter" and "General Use Headphone Adapter" products, WITH
PREJUDICE;

6.

The Counterclaims for Non-Infringement of U.S. Patent No. 7,180,735 and
U.S. Patent No. 7,312,984 asserted by LifeProof [Doc. No. 10], with
respect to the accused "iPad 2 LifeProof Case" product, WITHOUT
PREJUDICE;

7.

The Counterclaims for Invalidity of U.S. Patent No. 7,180,735 and U.S.
Patent No. 7,312,984 asserted by LifeProof [Doc. No. 10] WITHOUT
PREJUDICE; and

2

8.

All Parties to this Stipulation shall pay their own attorney’s fees and costs
in connection with the foregoing claims and counterclaims.

Dated this 19th day of December, 2011.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

3