CyWee Group Ltd. v. HTC Corporation et al

Filing 185

ORDER denying Third-Party Defendant CyWee's 183 Motion to Dismiss without prejudice to the parties filing a stipulated motion to lift the stay and dismiss the patent-related claims that is signed by counsel for both CyWee and HTC. Signed by Judge James L. Robart. (MJV)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CYWEE GROUP, LTD.,

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v.

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ORDER

HTC CORPORATION, et al.,
Defendants.

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Plaintiff,

CASE NO. C17-0932JLR

Before the court is Plaintiff CyWee Group, Ltd. and Third-Party Defendant

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CyWee Motion Group, Ltd.’s (together, “CyWee”) unopposed motion to lift the stay in

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this case, dismiss CyWee’s patent claims as moot, and set a schedule to adjudicate the

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remaining non-patent claims. (Mot. (Dkt. # 183).) CyWee also asks the court to dismiss

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Defendants / Third-Party Plaintiffs HTC Corporation and HTC America, Inc.’s (together,

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“HTC”) counterclaims that are related to CyWee’s patent claims. (Id. at 2.) Counsel for

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CyWee certifies that he conferred with counsel for HTC, who “was not opposed to the

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ORDER - 1

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requests set forth in CyWee’s motion.” (Id. at 3.) Counsel for HTC did not, however,

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sign CyWee’s motion. (See id.)

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The court declines to enter an order that dismisses HTC’s counterclaims absent a

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motion signed by HTC’s counsel. Therefore, the court DENIES CyWee’s motion (Dkt.

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# 183) without prejudice to the parties filing a stipulated motion to lift the stay and

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dismiss the patent-related claims that is signed by counsel for both CyWee and HTC.

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Dated this 28th day of August, 2024.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2