TSMC Technology Inc. et al v. Zond LLC

Filing 70

ORDER ADOPTING 41 REPORT AND RECOMMENDATION: granting in part 17 Motion to Dismiss. Signed by Judge Leonard P. Stark on 2/13/15. (ntl)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TSMC TECHNOLOGY, INC., ET AL., Plaintiffs, v. Civil Action No. 14-721-LPS-CJB ZOND,LLC, Defendant. ORDER S At Wilmington this \ ! y of February, 2015. WHEREAS, Magistrate Judge Burke issued a Report and Recommendation (D.I. 41) on January 8, 2015; WHEREAS, the Report and Recommendation recommends that the Court GRANT-INPART Defendant Zond, LLC's motion to dismiss (D.I. 17). WHEREAS, any Objections to the Report and Recommendation were to be filed by January 26, 2015; WHEREAS, no 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 Burke; NOW THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation (D.I. 41) is ADOPTED and the Court orders the following: 1. Zond, LLC's motion to dismiss (D.I. 17) is GRANTED-IN-PART. Specifically, the motion is granted with respect to all claims made by PlaintiffTSMC Technology, Inc., with such claims being dismissed for lack of subject matter jurisdiction. The motion is also granted I 1 I I I 1 l with respect to all of Plaintiffs' indirect non-infringement claims. The motion is denied in all other respects. 2. Plaintiffs are granted leave to file a further amended complaint. j 1 \ UNITED STATES DISTRICT JUDGE 2

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