Function Media, L.L.C. v. Google, Inc. et al

Filing 74

ORDER granting 72 Motion for partial dismissal of deft Google Inc for infringement of US Patent No 6,829,587 without prejudice. Each party shall bear their own costs and attorneys' fees. FURTHER ORDERED that none of the foregoing shall affect any rights, causes of actions, counterclaims, defenses, or allegations pertaining to the other three patents-in-suit in the above-captioned litigation (U.S. Patents No. 6,446,045; U.S. Patent No. 7,240,025; and U.S. Patent No. 7,249,059. Signed by Magistrate Judge Charles Everingham on 2/2/09. (ehs, )

Function Media, L.L.C. v. Google, Inc. et al

Doc. 74

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA LLC Plaint iff, vs. GOOGLE INC. AND YAHOO!, INC. Defendants. § § § § § § § § §

Civil Action No. 2-007-CV-279

JURY TRIAL DEMANDED

ORDER GRANTING AGREED MOTION FOR PARTIAL DISMISSAL Upon consideration of the Agreed Motion for Partial Dismissal filed by Plaintiff Function Media LLC and Defendant Google Inc., the Court hereby orders that said motion is GRANTED. NOW THEREFORE: Plaintiff's cause of action against Defendant Google Inc. for infringement of U.S. Patent No. 6,829,587 is DISMISSED WITH PREJUDICE; Defendant Google Inc.'s counterclaims alleging invalidity and/or unenforceability of U.S. Patent No. 6,829,587, together with any affirmative defenses pertaining to U.S. Patent No. 6,829,587, are DISMISSED WITHOUT PREJUDICE; IT IS FURTHER ORDERED that Plaintiff and Defendant Google Inc. shall each bear their own costs and attorneys' fees incurred in the prosecution and/or defense of Plaintiff's cause of action for infringement of U.S. Patent No. 6,829,587 and Google Inc.'s counterclaims and defenses regarding U.S. Patent No. 6,829,587; and IT IS FURTHER ORDERED that none of the foregoing shall affect any rights, causes of actions, counterclaims, defenses, or allegations pertaining to the other three

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patents-in-suit in the above-captioned litigation (U.S. Patents No. 6,446,045; U.S. Patent No. 7,240,025; and U.S. Patent No. 7,249,059).

SIGNED this 2nd day of February, 2009.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE