Execware LLC v. Amazon.com Inc. et al

Filing 127

ORDER ADOPTING REPORT AND RECOMMENDATION: granting 39 , 51 Motion to Dismiss ; adopting 124 Report and Recommendation. Signed by Judge Leonard P. Stark on 1/16/13. (ntl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EXECWARE, LLC,
Plaintiff,

v.

Civil Action No. 11-836-LPS-SRF

STAPLES, INC.,
Defendant.
ORDER
WHEREAS, Magistrate Judge Fallon issued a Report and Recommendation (D.I. 124)
dated December 11, 2012;
WHEREAS, the Report and Recommendation recommends that the Court GRANT
Defendant's motion to dismiss (D.I. 39, 51) claims in the amended complaint for induced,
contributory, and willful infringement ofthe '139 patent, without prejudice.
WHEREAS, any Objections to the Report and Recommendation (D.I. 124) were to be
filed by January 2, 2013;
WHEREAS, neither party has filed an Objection to the Report and Recommendation;
WHEREAS, the Court concludes that the Report and Recommendation should be
adopted for the reasons stated by Magistrate Judge Fallon;
NOW THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation
(D.I. 124) is ADOPTED, and Defendant's motion to dismiss (D.I. 39, 51) claims in the amended
complaint for induced, contributory, and willful infringement ofthe '139 patent is GRANTED,

without prejudice.

ti

Dated: January{,

b ,2013
TATES DISTRICT JUDGE

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