Apple Inc. v. High Tech Computer Corp. et al

Filing 26

MOTION to Dismiss for Failure to State a Claim - Motion to Dismiss Count VIII of Complaint Pursuant to Rule 12(b)(6) - filed by Exedea Inc., HTC (BVI) Corp., HTC America Inc., High Tech Computer Corp.. (Attachments: # 1 Text of Proposed Order)(Pascale, Karen)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE APPLE INC., Plaintiff, v. HIGH TECH COMPUTER CORP., a/k/a HTC CORP., HTC (B.V.I.) CORP., HTC AMERICA, INC., and EXEDEA, INC., Defendants. ORDER AND NOW, this _____ day of _________________, 2010, upon consideration of the "Motion to Dismiss Count VIII of Complaint Pursuant to Rule 12(b)(6) by Defendants High Tech Computer Corp., a/k/a HTC Corp., HTC (B.V.I.) Corp., HTC America, Inc., and Exedea, Inc." (D.I. _____) ("Motion to Dismiss"), and the Responses and Replies thereto, it is hereby ORDERED that Defendants' Motion to Dismiss is GRANTED. Count VIII of the Complaint (D.I. 1) is DISMISSED. BY THE COURT: _________________________________ ROBERT F. KELLY SENIOR JUDGE C.A. No. 10-00167-RK

YCST01:9752285.1

069415.1001