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govinfo:USCOURTS-cand-3_17-cv-04738-1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELA WARE
CONTOUR IP HOLDING, LLC and
ION WORLDWIDE, INC.,
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Plaintiffs,
v. Civil Action No. 15-1108-LPS-CJB
GOPRO,INC.
Defendant.
REPORT AND RECOMMENDATION
The Court, having reviewed and considered: (1) Plaintiffs Contour IP Holding, LLC
("CIPH") and iON Worldwide, Inc.'s ("iON") (collectively, "Plaintiffs") Motion to Dismiss iON
as a Co-Plaintiff (the "Motion"), (D.I. 73), in which Plaintiffs request that "the Court dismiss with
prejudice iON [] from the lawsuit" on the basis that iON is not a necessary party and lacks
standing to maintain infringement claims against Defendant GoPro, Inc. ("GoPro") relating to the
Asserted Patents, (id. at 2); (2) GoPro's Response in which it notes that it "does not in principle
oppose" Plaintiffs' Motion, provided that: "(a) the dismissal is with prejudice, as indicated in the
Motion; [] (b) GoPro reserves all rights and remedies it may have against iON in connection with
this case, including the right to seek recovery of attorneys' fees and costs; [and (c)] GoPro
reserves all rights and remedies it may have against CIPH in connection with adding iON as a
Plaintiff to this case[,]" (D.I. 75 at 1); and (3) Plaintiffs' Reply, (D.I. 76), recommends that
Plaintiffs' Motion be GRANTED and that iON be dismissed as a co-Plaintiff with prejudice from
this lawsuit.
This Report and Recommendation is filed pursuant to 28 U.S.C. § 636(b)(l)(B), Fed. R.
Civ. P. 72(b)(l), and D. Del. LR 72.1. The parties may serve and file specific written objections
within fourteen (14) days after being served with a copy of this Report and Recommendation.
Fed. R. Civ. P. 72(b )(2). The failure of a party to object to legal conclusions may result in the loss
of the right to de nova review in the district court. See Henderson v. Carlson, 812 F.2d 874,
878-79 (3d Cir. 1987); Sincavage v. Barnhart, 171 F. App'x 924, 925 n. l (3d Cir. 2006).
The parties are directed to the Court's Standing Order for Objections Filed Under Fed. R.
Civ. P. 72, dated October 9, 2013, a copy of which is available on the District Court's website,
located at http://www.ded.uscourts.gov.
Dated: September 16, 2016
Christopher J. Burke
UNITED STA TES MAGISTRATE JUDGE
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