Free Order on Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-01769-MSK-CBS

Document 223

Filed 10/17/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 04-cv-1769-MSK-CBS A MAJOR DIFFERENCE, INC., a Colorado corporation, Plaintiff, vs. ERCHONIA MEDICAL, INC., an Arizona corporation, ERCHONIA MEDICAL LASERS, L.L.C., an Arizona limited liability company, and ERCHONIA PATENT HOLDINGS, L.L.C., an Arizona limited liability company, Defendants.

ERCHONIA PATENT HOLDINGS, LLC, an Arizona limited liability company; ERCHONIA MEDICAL, INC., an Arizona corporation, Counterclaimants and Third-Party Plaintiffs, vs. A MAJOR DIFFERENCE, INC., a Colorado corporation, ROBERT E. MORONEY, an individual, ROBERT E. MORONEY, L.L.C., a Colorado limited liability company, MIKI SMITH, an individual, KMS Marketing, Incorporated, a Colorado corporation, and STARGATE INTERNATIONAL INC., a Colorado corporation, Counterdefendant and Third-Party Defendants.

ORDER DISMISSING ERCHONIA' THIRD-PARTY CLAIM FOR CONTRIBUTORY S PATENT INFRINGEMENT AGAINST THIRD-PARTY DEFENDANTS ROBERT E. MORONEY, ROBERT E MORONEY, LLC, AND MIKI SMITH

Case 1:04-cv-01769-MSK-CBS

Document 223

Filed 10/17/2006

Page 2 of 2

THIS MATTER comes before the Court upon the Stipulated Motion to Dismiss Third-Party Plaintiffs Erchonia' Third-Party Claim against Third-Party Defendants Robert E. Moroney, Robert s E. Moroney, L.L.C., and Miki Smith (#205). The Court, being fully advised in the foregoing, ORDERS that the Stipulated Motion (#205) is GRANTED. Erchonia' third-party claim s against Third-Party Defendants Robert E. Moroney, Robert E. Moroney, L.L.C., and Miki Smith for contributory patent infringement pursuant to 35 U.S.C. § 271(c) (Third-Party Claim 2) is hereby dismissed with prejudice, with each party to pay his or its own costs and attorney fees. Erchonia' s only remaining claim against these Third-Party Defendants is Inducement of Infringement pursuant to 35 U.S.C. § 271(b) (Third-Party Claim 3). Dated this 16th day of October, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge

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