UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 15, 2009
SEMMATERIALS, L.P., AN OKLAHOMA LIMITED PARTNERSHIP, PLAINTIFF,
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.