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

Filing 40

PROPOSED ORDER Deny as Moot - Motion to Dismiss re 26 MOTION to Dismiss for Failure to State a Claim - Motion to Dismiss Count VIII of Complaint Pursuant to Rule 12(b)(6) MOTION to Dismiss for Failure to State a Claim - Motion to Dismiss Count VIII of Complaint Pursuant to Rule 12(b)(6) by Apple Inc.. (Herrmann, Richard)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE APPLE INC., Plaintiff, vs. High Tech Computer Corp., a/k/a HTC Corp., HTC (B.V.I.) Corp., HTC America, Inc., Exedea, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

CA No. 10-00167-RK JURY TRIAL DEMANDED

[PROPOSED] 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. 27) and Apple Inc.'s Opposition To Defendants' Motion To Dismiss (D.I. 39), it is hereby ORDERED that Defendants' Motion to Dismiss is DENIED AS MOOT.

BY THE COURT:

__________________________________ Robert F. Kelly Senior District Judge United States District Court