Opinion
Civil Action No. 1:07-cv-00006-PB
09-21-2012
MARKEM-IMAJE CORPORATION, Plaintiff and Counterclaim Defendant, v. ZIPHER LTD. and VIDEOJET TECHNOLOGIES, INC., Defendants and Counterclaim Plaintiffs
(Consolidated Action)
Judge: Hon. Paul J. Barbadoro
PROPOSED ORDER
On this day came to be considered the parties' Joint Motion to Dismiss All Remaining Claims Without Prejudice.
After considering the Motion, the Court finds that the Motion should be GRANTED. Accordingly, in order to put the case in condition for appeal, the following remaining claims are dismissed without prejudice:
• Markem's claim of noninfringement regarding the '572 patent (No. 1:07-cv-6-PB, Dkt. No. 39 (Markem's Amended Complaint));
• Markem's claims of noninfringement regarding the '094, '268, '917, and '605 patents (No. 1:10-cv-112-PB, Dkt. No. 33 (Markem's Third Amended Complaint)); and
• Markem's claims of unenforceability regarding the '094, '268, '917, and '605 patents (No. 1:10-cv-112-PB, Dkt. No. 33 (Markem's Third Amended Complaint)).
The clerk is directed to enter a new final judgment on all claims and close the case.
SO ORDERED.
______________________
Paul Barbadoro
United States District Judge