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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`BLAST MOTION, INC., a California
`corporation,
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`Plaintiff,
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`v.
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`ZEPP LABS, INC., a Delaware
`corporation,
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`Defendant.
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`
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` Case No.: 15-CV-700 JLS (NLS)
`
`ORDER GRANTING JOINT
`MOTION TO DISMISS CERTAIN
`CLAIMS
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`(ECF No. 95)
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`
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`Presently before the Court is the parties’ Joint Motion for Stipulation of Dismissal
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`of U.S. Patent Nos. 8,944,928 and 8,781,610 Without Prejudice. (“Joint Mot.,” ECF No.
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`95.) The parties have met and conferred in order to narrow the issues for trial in this action
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`and have stipulated to the following:
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`1. Plaintiff Blast Motion, Inc. (“Blast Motion”) and defendant Zepp Labs,
`Inc. (“Zepp”) have met-and-conferred regarding how to narrow the issues
`for trial in this action. Based on this meet-and-confer, Blast Motion agrees
`to dismiss Blast Motion’s Third Cause of Action without prejudice that
`current or past Zepp products directly infringe, indirectly infringe,
`contribute to infringement of, or induce infringement of any claim of
`United States Patent No. 8,944,928 (the “’928 Patent”) literally or under
`the doctrine of equivalents. Blast Motion further agrees that it will not seek
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`1
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`15-CV-700 JLS (NLS)
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`Case 3:15-cv-00700-JLS-NLS Document 96 Filed 06/13/17 PageID.5066 Page 2 of 2
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`damages relating to the ‘928 Patent for Zepp products sold on or before the
`date of this stipulation.
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`2. Zepp agrees that portions of Zepp’s Third and Eighth Counterclaim
`relating to U.S. Patent No. 8,944,928 are hereby dismissed without
`prejudice by agreement of the parties.
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`3. Zepp agrees to dismiss Zepp’s Twelfth Cause of Action relating to United
`States Patent No. 8,781,610 (the “’610 Patent”) without prejudice that
`current or past Blast Motion products directly infringe, indirectly infringe,
`contribute to infringement of, or induce infringement of any claim of the
`’610 Patent literally or under the doctrine of equivalents. Zepp further
`agrees that it will not seek damages relating to the ’610 Patent for Blast
`Motion products sold on or before the date of this stipulation.
`
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`4. Blast Motion agrees that portions of Blast Motion’s First, Second, and
`Third Affirmative Defenses relating to U.S. Patent No. 8,781,610 are
`hereby dismissed without prejudice by agreement of the parties.
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`5. Blast Motion and Zepp agree that each party will bear its own costs,
`expenses, and attorneys’ fees related to litigation of the ‘928 Patent and
`Zepp’s Third and Eight Counterclaims and the litigation of the ’610 Patent
`and Blast Motion’s First, Second, and Third Affirmative Defenses as they
`pertain to the ’610 Patent.
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`19
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`(Joint Mot. 1–2.)
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`Good cause appearing, the Court GRANTS the parties’ Joint Motion (ECF No. 95).
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`As further stipulated by the parties, the Court dismisses these claims WITHOUT
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`PREJUDICE. (Id. at 2.) Additionally, each party shall bear its own costs. (Id.)
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`IT IS SO ORDERED.
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`Dated: June 13, 2017
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`15-CV-700 JLS (NLS)
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