IconFind, Inc. v. Google, Inc.

Filing 112

STIPULATION and PROPOSED ORDER for Dismissal by IconFind, Inc.. (Baxter, Daniel)

1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

Case No. 2:11-cv-00319-GEB-JFM

ICONFIND, INC.,
11
Plaintiff,
12

Honorable Judge Garland E. Burrell, Jr.
Magistrate Judge John F. Moulds

v.
[PROPOSED] STIPULATED ORDER OF
DISMISSAL

13
GOOGLE INC.,
14
Defendant.
15
16

This Civil Action has come before the Court, upon the pleadings and proceedings of

17

record, and it has been represented to the Court that Plaintiff IconFind, Inc. (“IconFind”) and

18

Defendant Google Inc. (“Google”) have entered into a Settlement and License Agreement and

19

have agreed to a compromise and settlement of this Civil Action.

20

WHEREFORE, with the consent of the above-identified parties, through their

21

undersigned attorneys, and with the approval of this Court, IT IS HEREBY ORDERED,

22

ADJUDGED AND DECREED as follows:

23

1. The Court has jurisdiction over the parties and the subject matter of this action.

24
25

[PROPOSED] STIPULATED ORDER OF DISMISSAL

1

2. All claims that were or could have been alleged in the Complaint that relate to the

2

patent in suit are hereby dismissed with prejudice. All counterclaims and defenses

3

are dismissed without prejudice.

4
5

3. The November 2, 2012 Claim Construction Order [Doc. 109] remains in full force
and effect.

6

4. Each party shall bear its own costs and attorneys' fees.

7

SO ORDERED this _____ day of _______________, 20_____.
____________________________________
Garland E. Burrell, Jr.
United States District Judge

8
9
10

STIPULATED AND AGREED TO ON NOVEMBER 29, 2012:

11

By: /s/ Raymond P. Niro, Jr.

By: /s/ Michael J. Malecek

12

WILKE, FLEURY, HOFFELT, GOULD &
BIRNEY, LLP
Thomas G. Redmon (SBN 47090)
[e-mail]
Daniel L. Baxter (SBN 203862)
[e-mail]
400 Capitol Mall, 22nd Floor
Sacramento, CA 95814
Phone: [phone]
Fax: [phone]

Michael J. Malecek (SBN: 171034)
Kenneth M. Maikish (SBN: 267265)
KAYE SCHOLER LLP
Two Palo Alto Square
3000 El Camino Real, Suite 400
Palo Alto, CA 94306
Tel: [phone]

13
14
15
16

Attorneys for Defendant Google Inc.

17
18
19
20
21
22

NIRO, HALLER & NIRO
Raymond P. Niro (Admitted Pro hac vice)
[e-mail]
Raymond P. Niro, Jr. (Admitted Pro hac vice)
[e-mail]
Brian E. Haan (Admitted Pro hac vice)
[e-mail]
181 West Madison, Suite 4600
Chicago, IL 60602-4515
Phone: [phone]
Fax: [phone]

23
Attorneys for Plaintiff, IconFind, Inc.
24
25

[PROPOSED] STIPULATED ORDER OF DISMISSAL

-2-

1

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on December 20, 2012 the foregoing

2
3

[PROPOSED] STIPULATED ORDER OF DISMISSAL

4

was filed with the Clerk of Court using the CM/ECF system, which will then send a notification
of such filing to the following counsel of record.

5

Michael J. Malecek
[e-mail]
Kenneth Maikish
[e-mail]
Timothy Chao
[e-mail]
Kaye Scholer LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306
Telephone: [phone]
Facsimile: [phone]

6
7
8
9
10
11
12
13

Attorneys for Defendant Google Inc.
I certify that all parties in this case are represented by counsel who are CM/ECF participants.

14
/s/ Daniel L. Baxter
Attorneys for Plaintiff

15
16
17

896812.1

18
19
20
21
22
23
24
25

[PROPOSED] STIPULATED ORDER OF DISMISSAL