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Noah Systems, Inc v. Intuit Inc

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


January 24, 2011

NOAH SYSTEMS, INC., PLAINTIFF/ COUNTER-DEFENDANT,
v.
INTUIT INC., DEFENDANT/ COUNTER-PLAINTIFF .

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

Electronically Filed

Order of Court

AND NOW, this 24th day of January, 2011, after careful consideration of the Report and Recommendation of the able Special Master, David G. Oberdick, Esquire, on Defendant's Summary Judgment and Motion to Strike (Doc. No. 117), Noah Systems Inc.=s Objections to the Report and Recommendation of Special Master on Defendant's Motion for Summary Judgment and Motion to Strike (Doc. No. 118), and Intuit Inc.=s Response thereto (Doc. No. 119), the Court HEREBY ORDERS as follows:

(1) Noah Systems Inc.'s Objections to the Report of Recommendation of Special Master on Defendant's Motion for Summary Judgment and Motion to Strike (Doc. No. 118) are OVERRULED.

(2) The Report and Recommendation of the Special Master on Defendant's Motion for Summary Judgment (Doc. No. 117) is AFFIRMED and ADOPTED as the Opinion of the Court.

(3) Accordingly, Defendant's Motion for Summary Judgment on Invalidity is HEREBY GRANTED (Doc. No. 94) as to the Asserted Claim of the '435 Patent, and Defendant's Motion to Strike the Epplinger and Kollar Declarations (Doc. No. 107) is

HEREBY DENIED AS MOOT.

(4) Judgment is HEREBY ENTERED in favor of Defendant/Counter-claimant and against Plaintiff/Counter-defendant.*fn1

(5) The Clerk shall mark the docket as CLOSED.

Arthur J. Schwab

cc: All Registered ECF Counsel and Parties


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