United States District Court, N.D. California, San Jose Division
September 27, 2005.
DOLBY LABORATORIES, INC., ET AL., Plaintiffs,
LUCENT TECHNOLOGIES, INC., Defendant.
The opinion of the court was delivered by: JEREMY FOGEL, District Judge
*fn1 This disposition is not designated for publication and may
not be cited.
Dolby Laboratories, Inc. and Dolby Laboratories Licensing
Corporation have requested that the Court clarify its September
6, 2005 Order to Dismiss Without Prejudice Dolby's Affirmative
Defenses and Declaratory Judgment Claims of Invalidity ("Order"),
Dolby appears to have withdrawn its motion for
summary judgment of non-infringement of the '457 and
'938 patents regarding Dolby's cinema technology,
consistent with its previous representation to the
Court that the parties had been discussing dismissal
of the underlying infringement allegations, as this
motion no longer appears as a pending motion on the
Order at 2 n. 2. This footnote does not make clear that Dolby's
unopposed Cinema Motion is granted. Accordingly, the Court will clarify that Dolby's Cinema
Motion is granted.
Good cause therefore appearing, IT IS HEREBY ORDERED that
footnote 2 of this Court's September 6, 2005 Order is clarified
to make clear that Dolby's Cinema Motion is GRANTED.
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