Monec Holding AG v. Motorola Mobility Inc. et al

Filing 74

ORDER ADOPTING REPORT AND RECOMMENDATION: denying as moot 30 Motion to Dismiss; granting 41 Motion to Dismiss; adopting 61 Report and Recommendation. Signed by Judge Leonard P. Stark on 9/20/12. (ntl)

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IN THE UNITED STATES biSTRICT COURT FOR THE DISTRICT Of DELAWARE MONEC HOLDING AG, Plaintiff, fivil Action No. 11-798-LPS-SRF v. MOTOROLA MOBILITY, INC., ET AL., I Defendants. i ORDE, t I WHEREAS, Magistrate Judge Fallon issued Report and Recommendation (D.!. 61) dated August 3, 2012; WHEREAS, the Report and : I Recommendatio~ recommends that the Court DENY as moot Defendants' motion to dismiss the original coi.plaint (D.I. 30); and GRANT Defendants' motion to dismiss the first amended complaint (D.I. 1). WHEREAS, any Objections to the Report anf Recommendation (D.!. 61) were to be filed by August 20, 2012; I I WHEREAS, neither party has filed an Objecfon to the Report and Recommendation; WHEREAS, the Court concludes that the R~ort and Recommendation should be adopted for the reasons stated by Magistrate Judge F~llon; NOW THEREFORE, IT IS HEREBY ORDtED that the Report and Recommendation (D.I. 61) is ADOPTED; and 1 I ! Defendants' motion to dismiss the original cJmplaint (D.I. 30) is DENIED as moot. i Defendants' motion to dismiss MONEC's claims in thel first amended complaint for induced, I contributory, and willful infringement ofthe reexaminfd '678 patent (D.I. 41) is GRANTED without I prejudice. Dated: SeptemberJ 0 '2012 j I I l l

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