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)

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.,

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Defendants.
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ORDE,

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WHEREAS, Magistrate Judge Fallon issued Report and Recommendation (D.!. 61)
dated August 3, 2012;
WHEREAS, the Report and

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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;

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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

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Defendants' motion to dismiss the original cJmplaint (D.I. 30) is DENIED as moot.
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Defendants' motion to dismiss MONEC's claims in thel first amended complaint for induced,
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contributory, and willful infringement ofthe reexaminfd '678 patent (D.I. 41) is GRANTED without
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prejudice.

Dated: SeptemberJ 0 '2012

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