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Semmaterials, L.P. v. Martin Brothers Construction

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 15, 2009

SEMMATERIALS, L.P., AN OKLAHOMA LIMITED PARTNERSHIP, PLAINTIFF,
v.
MARTIN BROTHERS CONSTRUCTION, A CALIFORNIA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

MEMORANDUM AND ORDER

This matter is before the court on plaintiff SemMaterials, L.P.'s motion for voluntary dismissal, pursuant to Fed. R. Civ. P. 41(a)(2), of its complaint against defendant Martin Brothers Construction ("Martin Brothers").*fn1 Plaintiff moves for dismissal on the ground that Martin Brothers completed the subject Caltrans Contracts using a sub-licensee for the alleged patented NOVACHIP Process, thereby mooting the infringement complaint against Martin Brothers.

Martin Brothers does not oppose the motion. (Docket #64.) As such, the court GRANTS plaintiff's motion. Plaintiff's complaint against Martin Brothers is HEREBY dismissed without prejudice.*fn2

IT IS SO ORDERED.


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