EON Corp. IP Holdings LLC v. FLO TV Incorporated et al

Filing 221

MEMORANDUM ORDER Denying 191 MOTION for Entry of Judgment under Rule 54(b), filed by Qualcomm Inc.. Signed by Judge Richard G. Andrews on 4/10/2012. (nms)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

EON CORP. IP HOLDINGS LLC,
Plaintiff,
v.

Civil Action No. 10-812-RGA

FLO TV INCORPORATED, et al.,
Defendants.

MEMORANDUM ORDER
Defendant Qualcomm moves for "entry of an order entering partial final judgment
dismissing Qualcomm Inc. from this action in accordance with the Court's prior Memorandum
and Order." (D.I. 191). The motion is premised on the idea that Qualcomm has been dismissed
from this case. The Court's prior order, however, did not dismiss Qualcomm from the case. The
prior order left standing a claim of direct infringement against Qualcomm. (See D.I. 105, p.5).
Whatever the merits of the Court's prior order, Rule 54(b) is not the vehicle to review them.

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Therefore, this ~ay of April2012, IT IS HEREBY ORDERED that Qualcomm's motion is

DENIED.

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