UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
June 7, 2012
NANO-SECOND TECHNOLOGY CO. LTD, A TAIWANESE CORPORATION, PLAINTIFF,
DYNAFLEX INTERNATIONAL, A CALIFORNIA CORPORATION; AND GFORCE CORPORATION D/B/A DFX SPORTS & FITNESS, A NEVADA CORPORATION, DEFENDANTS. DYNAFLEX INTERNATIONAL, A CALIFORNIA CORPORATION, COUNTERCLAIMANT,
NANO-SECOND TECHNOLOGY CO. LTD, A TAIWANESE CORPORATION; RPM SPORTS, AN IRISH CORPORATION; AND YAHIGH LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; AND DOES 1-10, COUNTER-DEFENDANTS.
The opinion of the court was delivered by: Ronald S.W. Lew Senior, U.S. District Court Judge
Assigned to Hon. Ronald S.W. Lew Complaint Filed: November 30, 2010
ORDER DISMISSING DYNAFLEX'S PATENT INFRINGEMENT COUNTERCLAIM AGAINST COUNTER-DEFENDANT YAHIGH LLC PURSUANT TO THE STIPULATION OF THE PARTIES
Counterclaimant Dynaflex International ("Dynaflex") and counter-defendant Yahigh LLC ("Yahigh") having stipulated, through their respective counsel, that the patent infringement claim asserted in Dynaflex's Second Amended Counterclaim may be dismissed to the extent that it is alleged against counter-defendant Yahigh:
IT IS HEREBY ORDERED as follows:
(1) that the third claim in counterclaimant Dynaflex's Second Amended Counterclaim (Dkt. No. 110) for infringement of U.S. Patent No. 5,353,655 is dismissed to the extent that it is alleged against counter-defendant Yahigh (but not with respect to any other counter-defendant);
(2) that the Second Amended Counterclaim (Dkt. No. 110) shall henceforth be construed as if the third claim for infringement of U.S. Patent No. 5,353,655 is not alleged against counter-defendant Yahigh;
(3) that counter-defendant Yahigh's Motion to Dismiss (Dkt. No. 127) currently scheduled for hearing on July 3, 2012 shall be taken off calendar as moot; and
(4) that counter-defendant Yahigh shall have seven (7) days from entry of this Order to respond to the remaining claims alleged against it in Dynaflex's Second Amended Counterclaim (Dkt. No. 110).
RONALD S.W. LEW
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