3COM Corporation v. D-Link Systems, Inc.

Filing 779

STIPULATION AND ORDER DISMISSING ACTION WITH PREJUDICE re 778 filed by 3COM Corporation. The Action, including without limitation, all claims asserted by 3Com against Realtek and all claims asserted by Realtek against 3Com, is hereby DISMISSED WITH PREJUDICE pursuant to Rules 41(a)(1)(A) and 41(c) of the FRCP. The parties have entered into a confidential settlement agreement. The Court shall retain jurisdiction over the parties for purposes of enforcing this agreement. Pursuant to the terms of the settlement agreement, the judgment with respect to the jury's finding of willful infringement shall be vacated. Each party shall bear its own costs and attorneys' fees. Signed by Chief Judge Vaughn R Walker on 9/12/2008. (cgk, COURT STAFF) (Filed on 9/12/2008)

Case 3:03-cv-02177-VRW

Document 778

Filed 09/03/2008

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Jeffrey Ostrow (CSB No. 213118) SIMPSON THACHER & BARTLETT LLP 2550 Hanover Street Palo Alto, California 94304-1115 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Henry B. Gutman (admitted pro hac vice) Kerry L. Konrad (admitted pro hac vice) SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York, New York 10017-3954 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff 3Com Corporation Yitai Hu (SBN 248085) Sean P. DeBruine (SBN 168071) Elizabeth H. Rader (SBN 184963) S.H. Michael Kim (SBN 203491) ALSTON + BIRD, LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendant Realtek Semiconductor Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 3COM CORPORATION, Plaintiff, v. REALTEK SEMICONDUCTOR CORPORATION, Defendant. Case No. Cv-03-02177-VRW

STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE

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001006-0003-11647-NY02.2669950.5

STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE
Case No. Cv-03-02177-VRW

Case 3:03-cv-02177-VRW

Document 778

Filed 09/03/2008

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Plaintiff 3Com Corporation, Inc. ("3Com"), by its counsel Simpson Thacher & Bartlett LLP, and Defendant Realtek Semiconductor Corporation ("Realtek"), by its counsel Alston + Bird, LLP, hereby stipulate that they have reached a settlement of the dispute that is the subject matter of the above-referenced action (the "Action"). Based upon such settlement, on the consent and approval of 3Com and Realtek, IT IS HEREBY ORDERED that: 1. The Action, including, without limitation, all claims asserted by 3Com against Realtek in the Action and all claims asserted by Realtek against 3Com in the Action, is hereby dismissed with prejudice pursuant to Rules 41(a)(1)(A) and 41(c) of the Federal Rules of Civil Procedure. 2. The parties have entered into a confidential settlement agreement. The Court shall retain jurisdiction over the parties for purposes of enforcing this agreement. 3. Pursuant to the terms of the settlement agreement, the judgment with respect to the jury's finding of willful infringement shall be vacated. 4. Each party shall bear its own costs and attorneys' fees. AGREED TO AND ACCEPTED: Dated: September 3, 2008 SIMPSON THACHER & BARTLETT LLP By: _/s/_ Henry B. Gutman ____ Henry B. Gutman Attorneys for Plaintiff 3COM CORPORATION Dated: September 3, 2008 ALSTON + BIRD, LLP By: __/s/_ Yitai Hu __________ Yitai Hu Attorneys for Defendant REALTEK SEMICONDUCTOR CORP. PURSUANT TO STIPULATION, IT IS SO ORDERED: September 12 Dated: ______________, 2008 ____________________________ Vaughn R. Walker United States District Judge

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001006-0003-11647-NY02.2669950.5

STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE
Case No. Cv-03-02177-VRW

Case 3:03-cv-02177-VRW

Document 778

Filed 09/03/2008

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Yitai Hu. Dated: September 3, 2008 SIMPSON THACHER & BARTLETT LLP By: /s/ Henry B. Gutman Henry B. Gutman (admitted pro hac vice) Attorneys for Plaintiff 3COM CORPORATION

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001006-0003-11647-NY02.2669950.5

STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE
Case No. Cv-03-02177-VRW