Ocean Innovations, Inc. et al v. Quarterberth, Inc. et al

Filing 450

Order of partial dismissal. Jet Dock's motion is granted, all claims against Dabrowski are dismissed without prejudice except claims 1, 15, and 28 as stated in the order. Judge John R. Adams on 7/12/11. (K,C)

IN UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
OCEAN INNOVATIONS, INC.
(f/k/a JET DOCK LICENSING, INC.), et al.
Plaintiffs,
v.
QUARTERBERTH, INC., et al.
Defendants.

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CIVIL ACTION NO.: 1-03-CV0913
JUDGE JOHN R. ADAMS
ORDER OF PARTIAL DISMISSAL

The plaintiffs, Ocean Innovations, Inc., and Jet Dock Systems Inc. (collectively
"Jet Dock") have moved voluntarily to dismiss without prejudice all claims against
George Dabrowski ("Dabrowski") except their claim that he infringed claims 1 and 15 of
U.S. Patent 5,529,013 and claim 28 of U.S. Patent 5,931,113. Jet Dock has also moved
to waive its claim for damages for infringement of claims 1 and 15 of U.S. Patent
5,529,013 and claim 28 of U.S. Patent 5,931,113.
The Court has previously held on summary judgment that Dabrowski had not
shown these claims to be invalid (ECF 238) and that he has infringed these claims (ECF
243). Dabrowski filed an answer to the complaint (ECF 23) which raised no

counterclaim against Jet Dock. Dabrowski did not file an answer to the Supplemental
and Second Amended Complaint (ECF 209).
In view of the foregoing, Jet Dock's motion is granted and all claims in Jet Dock's
Supplemental and Second Amended Complaint against Dabrowski except the claims that
Dabrowski infringed claims 1 and 15 of U.S. Patent 5,529,013 and claim 28 of U.S.
Patent 5,931,113 are hereby dismissed without prejudice.

IT IS SO ORDERED

7/12/2011
_____________________________

/s/ John R. Adams
________________________

Date

John R. Adams
U.S. District Judge