Lodsys, LLC v. Combay, Inc. et al

Filing 126

Joint MOTION to Dismiss Defendant Combay by Lodsys Group LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
LODSYS GROUP, LLC,

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Plaintiff,
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v.
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ATARI INTERACTIVE, INC.;
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COMBAY, INC.;
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ELECTRONIC ARTS INC.;
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ICONFACTORY, INC.;
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ILLUSION LABS AB;
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MICHAEL G. KARR D/B/A SHOVELMATE; §
QUICKOFFICE, INC.;
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ROVIO MOBILE LTD.;
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RICHARD SHINDERMAN;
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SQUARE ENIX LTD.;
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TAKE-TWO INTERACTIVE SOFTWARE, §
INC.,
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Defendants.
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CIVIL ACTION NO. 2:11-cv-272 (JRG)

JOINT MOTION TO DISMISS WITH PREJUDICE
All claims and counterclaims asserted in this action by and between Plaintiff Lodsys
Group, LLC and Defendant Combay, Inc. have been settled and, pursuant to Fed. R. Civ. P.
41(a), those parties hereby jointly move the Court to dismiss those claims and counterclaims,
with prejudice and with each party to bear its own costs, expenses, and attorneys’ fees.

Dated: May 31, 2012

Respectfully Submitted

By: /s/ Kirby Drake
Kirby Drake
Klemchuk Kubasta LLP
8150 North Central Expy, 10th Floor
Dallas, Texas 75206
Telephone: [phone]
Facsimile: 214-367-6001
Email: [e-mail]

By: /s/ Christopher M. Huck
Christopher M. Huck
(admitted pro hac vice)
Michael A. Goldfarb
(admitted pro hac vice)
Kelley, Donion, Gill, Huck &
Goldfarb, PLLC
701 Fifth Avenue, Suite 6800
Seattle, WA 98104
Telephone: [phone]
Facsimile: 206-397-3062
Email: [e-mail]
[e-mail]

ATTORNEYS FOR DEFENDANT
COMBAY, INC.

William E. Davis III
Texas State Bar No. 24047416
The Davis Firm, PC
111 West Tyler Street
Longview, Texas 75601
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
ATTORNEYS FOR PLAINTIFF
LODSYS GROUP, LLC

CERTIFICATE OF CONFERENCE
The undersigned counsel for Plaintiff Lodsys Group, LLC and Defendant Combay, Inc.,
in compliance with Local Rule CV-7(h) and (i), have conferred in a good faith and have agreed
to the relief requested in this joint motion. Accordingly, this motion is unopposed by Plaintiff
Lodsys Group, LLC and Defendant Combay, Inc.
By:

/s/ Christopher M. Huck
Christopher M. Huck

ATTORNEYS FOR PLAINTIFF
LODSYS GROUP, LLC

By:

/s/ Kirby Drake
Kirby Drake

ATTORNEYS FOR DEFENDANT COMBAY,
INC.

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this response was served on all counsel who are
deemed to have consented to electronic service. Local Rule CV-5(a)(3)(V). Pursuant to Fed. R.
Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have
consented to electronic service were served with a true and correct copy of the foregoing by
email, on this the 31st day May, 2012.
By:

/s/ Christopher M. Huck
Christopher M. Huck