Raytheon Company v. Cray, Inc.

Filing 357

ORDER granting 356 Joint Motion to Dismiss certain of plaintiff's claims of infringement and certain of defendant's counterclaims. Signed by District Judge William M. Conley on 6/21/2018. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

RAYTHEON COMPANY,
Plaintiff,

ORDER
l 8-cv-318-wmc

V.

CRAY, INC.,
Defendant.
Plaintiff Raytheon Company ("Raytheon") and defendant Cray Inc. ("Cray") filed
a joint motion (dkt. #356) asking the court to: (1) dismiss with prejudice Counts III and
IV of Raytheon's Complaint (dkt. #1) in their entirety, relating to Raytheon's claims of
infringement of U.S. Patent Nos. 8,335,909 and 9,037,833 against Cray; and (2) dismiss
without prejudice Cray's Counterclaim Nos. 3, 4, 7, and 8 (dkt. #118) seeldng declaratory
judgment of non-infringement and invalidity of U.S. Patent Nos. 8,335,909 and
9,037,833. Raytheon also asks the court to dismiss without prejudice Cray's Counterclaim
Nos. 9-12 (dkt. # 118) seeldng declaratmy judgment of unenforceability based on unclean
hands and inequitable conduct of U.S. Patent Nos. 8,335,909 and 9,037,833.

Cray

expressly reserves its right to file a motion for attorneys' fees and costs as to the dismissed
claims including, for example, under 35 U.S.C. § 285. Accordingly,

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ORDER
IT IS ORDERED that the parties' joint motion to dismiss certain of plaintiff's
claims of infringement and certain of defendant's counterclaims (dkt. #356) is GRANTED
as set forth above.
Entered this 21st day of June, 2018.

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