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)

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