Smith Optics, Inc. v. Oakley, Inc. et al

Filing 39

ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE ONLY CLAIMS AND COUNTERCLAIMS RELATED TO U.S. PATENT NO. D581,450 PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) re 36 Motion to Dismiss. IT IS FURTHER ORDERED, that all claims, counterclaims, and defens es currently pending in the above-captioned action involving Oakley's United States Design Patent No. D581,450 are hereby dismissed with prejudice and without costs to any party. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SMITH OPTICS, INC., an Idaho corporation,
Plaintiff,
v.
OAKLEY, INC., a Washington corporation; and
EYE SAFETY SYSTEMS, INC.,
a Delaware corporation,
Defendants.

AND RELATED COUNTERCLAIMS

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Case No. 1:12-cv-0120-BLW
ORDER GRANTING JOINT
MOTION TO DISMISS WITH
PREJUDICE ONLY CLAIMS AND
COUNTERCLAIMS RELATED TO
U.S. PATENT NO. D581,450
PURSUANT TO F.R.C.P.
41(a)(1)(A)(ii)

Finding good cause therefore,
NOW THEREFORE IT IS HEREBY ORDERED, that the Joint Motion to Dismiss With
Prejudice Only Claims and Counterclaims Related to U.S. Patent No. D581,450, (docket no. 36)
is GRANTED.
IT IS FURTHER ORDERED, that all claims, counterclaims, and defenses currently
pending in the above-captioned action involving Oakley’s United States Design Patent No.
D581,450 are hereby dismissed with prejudice and without costs to any party.

DATED: June 13, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court