Filed: Jun. 21, 2018
Latest Update: Jun. 21, 2018
Summary: ORDER WILLIAM M. CONLEY , District Judge . 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-i
Summary: ORDER WILLIAM M. CONLEY , District Judge . 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-in..
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ORDER
WILLIAM M. CONLEY, District Judge.
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,
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.
