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DROPLETS, INC. v. E*TRADE FINANCIAL CORP.

No. 12 Civ. 2326(CM).

939 F.Supp.2d 336 (2013)

DROPLETS, INC., Plaintiff, v. E*TRADE FINANCIAL CORPORATION, et al., Defendants.

United States District Court, S.D. New York.

April 4, 2013.

Attorney(s) appearing for the Case

Brandon M. Jordan , McKool Smith PC, Washington, DC, James Andrew Holmes , The Law Office of James Holmes, PC, Henderson, TX, James E. Quigley , Joshua Wright Budwin , McKool Smith, PC, Austin, TX, Brett E. Cooper , Lauren Lee Fornarotto , McKool Smith, New York, NY, Samuel Franklin Baxter , Theodore Stevenson, III , McKool Smith, Dallas, TX, for Plaintiff.

Abraham Delao , Brian David Range , Wilson Sonsini Goodrich & Rosati, Austin, TX, Lucy Yen , Jessica Leigh Margolis , Wilson Sonsini Goodrich & Rosati, New York, NY, Larry L. Shatzer , Wilson Sonsini Goodrich & Rosati, P.C., Washington, DC, Michael Brett Levin , Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for Defendants.

DECISION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM

McMAHON, District Judge.

Before the Court in this patent infringement case are cross motions: Plaintiffs motion to dismiss Defendants' counterclaim for breach of contract on the ground that Defendants lack standing to pursue it; and Defendants' motion for summary judgment, on the ground that they are third party beneficiaries of a settlement...

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