iLOR, LLC v. Google, Inc.

Filing 81

REPLY to Response to Motion re 74 MOTION to Dismiss by Google, Inc. Remaining Claims filed by Google, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit Sample Stipulated Dismissal, # 3 Exhibit Sample Joint Motion to Dismiss, # 4 Exhibit Sample Stipulation)(McGraw, Brian)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION AT LEXINGTON Electronically Filed iLOR, LLC, Plaintiff, v. GOOGLE INC., Defendant. Civil Action No. 5:07-cv-00109-JMH PROPOSED ORDER On Motion of the Defendant, Google, Inc. ("Google"), and the Court having reviewed the motion, the response thereto filed by the Plaintiff, iLOR, LLC, the reply filed by Google, and the entire record of this case, and in order to put this case in proper condition for appeal, and being sufficiently advised, IT IS ORDERED that 1. All claims and counterclaims except [a] Plaintiff's claim for infringement of U.S. Patent No. 7,206,839 ("the `839 Patent"); and [b] Defendant's Count I seeking a Declaration that it has not infringed and does not infringe any claim of the `839 Patent, such remaining claims being Defendant's Counts II (invalidity) and III (unenforceability), be and hereby are dismissed without prejudice; 2. Defendant's request for a Declaration of rights is Granted, and therefore it is Ordered, Adjudged and Declared that Google has not infringed and does not infringe any claim of the `839 Patent, either directly, contributorily, or by inducement; and 3. The Court's Judgment entered on November 30, 2007 [D.E. 71] as amended hereby be and hereby is declared to be a final and appealable order as of the date hereof with no just reason for delay in its entry as such. So ORDERED this ____ day of ___________, 2008. ______________________________ Joseph M. Hood Judge, U.S. District Court Tendered by: s/Brian McGraw _________________________________ Frank E. Scherkenbach Kurt L. Glitzenstein Peter J. Kirk Matthew J. Leary FISH & RICHARDSON, P.C. 225 Franklin Street Boston, MA 02110-2804 Phone: (617) 542-2804 Facsimile: (617) 542-8906 James R. Higgins, Jr. (KBA No. 31790) Brian P. McGraw (KBA No. 90447) Charles G. Middleton, III (KBA No. 47641) MIDDLETON REUTLINGER, P.S.C. 2500 Brown & Williamson Tower Louisville, KY 40202-3410 Phone: (502) 584-1135 Facsimile: (502) 561-0442 ATTORNEYS FOR GOOGLE, INC.

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