Islander Group, Inc., The v. Swimways Corporation et al
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|Date Filed||#||Document Text|
|June 21, 2013
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SWIMWAYS CORPORATION'S MOTION TO DISMISS 12 AND DENYING PLAINTIFF'S MOTION TO DISMISS COUNTS II AND III OF DEFENDANT SWIMWAYS CORPORATION'S COUNTERCLAIM 28 . Signed by JUDGE LESLI E E. KOBAYASHI on 6/21/2013. Excerpt/summary of conclusion: ~ "SwimWays Motion to Dismiss is GRANTED insofar as the portions of Counts V, VI, and VII based on SwimWays's actions allegedly taken in a good faith attempt to enforce SwimWays's patent rights are HEREBY DISMISSED WITHOUT PREJUDICE. The SwimWays Motion is DENIED in all other respects." ~ [ORDER grants plaintiff the Island Group Inc. ("TIG") leave to file a First Amended Complaint consistent with the terms of this Order. TIG must file its First Amended Complaint by no later than July 23, 2013. ~ Order follows hearing held 6/3/2013. Minutes: doc no. 59 . Order also terminates Defendant Pacifi c Souvenir Group, Inc.'s Joinder in Motion to Dismiss (Joinder: doc 45 ) and Defendant Gerald Sur's Joinder in Motion ot Dismiss (Joinder: doc 51 ). (afc)CERTIFICATE OF SERVICEParticipants registered to r eceive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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