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Judge Burke recommends grant of motion to dismiss co-plaintiff

In Contour IP Holding, LLC, et al. v. GoPro, Inc., C.A. No. 15-1108-LPS-CJB (D. Del. Sept. 16, 2016), Magistrate Judge Christopher J. Burke recommended granting Plaintiffs Contour IP Holding and iON Worldwide, Inc.’s motion to dismiss iON from the lawsuit with prejudice, due to the fact that iON was not a necessary party and lacks standing to maintain infringement claims in the case. The Report and Recommendation noted, but provided no further comment on, the fact that Defendant did not oppose the motion “in principle,” provided that the dismissal was with prejudice and that it would reserve all rights and remedies against iON related to the case, including seeking attorneys’ fees, and that it also reserved its rights and remedies against the other Plaintiff in connection with its addition of iON to the case.

Contour IP Holding, LLC, et al. v. GoPro, Inc., C.A. No. 15-1108-LPS-CJB (D. Del. Sept. 16, 2016)

 

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