Quantum Corporation v. Riverbed Technology, Inc.

Filing 203

ORDER DISMISSING CASE. Signed by Judge Alsup on October 14, 2008. (whalc1, COURT STAFF) (Filed on 10/14/2008)

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[COUNSEL LISTED ON SIGNATURE PAGE]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RIVERBED TECHNOLOGY, INC., a Delaware corporation, Counterclaimant, v. QUANTUM CORPORATION, Case No. C-07-04161-WHA STIPULATED REQUEST FOR DISMISSAL OF ACTION, AND [PROPOSED] ORDER THEREON

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Counterdefendant. QUANTUM CORPORATION, a Delaware corporation, Counterclaimant, v. RIVERBED TECHNOLOGY, INC. a Delaware corporation, Counterdefendant.

Honorable William H. Alsup United States District Judge Initial Complaint Filed: August 14, 2007

Case No. C-07-04161-WHA

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STIPULATED REQUEST FOR DISMISSAL OF ACTION, AND [PROPOSED] ORDER THEREON

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STIPULATION FOR DISMISSAL IT IS HEREBY STIPULATED by Riverbed Technology, Inc. ("Riverbed") and Quantum Corporation ("Quantum"), by and through their respective counsel of record herein, that this entire action, including all pending counterclaims, shall be dismissed as follows: 1. Riverbed's counterclaim for infringement of U.S. Patent No. 7,116,249 and

Quantum's counterclaim for infringement of U.S. Patent No. 5,990,810 shall be dismissed with prejudice. 2. Quantum's declaratory judgment counterclaims for non-infringement and

invalidity of U.S. Patent No. 7,116,249 and Riverbed's declaratory judgment counterclaims for noninfringement and invalidity of U.S. Patent No. 5,990,810 shall be dismissed without prejudice.

Case No. C-07-04161-WHA

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STIPULATED REQUEST FOR DISMISSAL OF ACTION, AND [PROPOSED] ORDER THEREON

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. By his signature below, counsel for Quantum attests that counsel for Riverbed whose electronic signature is provided has concurred in this filing. Dated: October 7, 2008 SHEPPARD MULLIN RICHTER & HAMPTON LLP By: /s/ Nathaniel Bruno________________

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Amar L. Thakur Mauricio A. Flores 12275 El Camino Real, Suite 200 San Diego, California 92130 Telephone: [phone] Facsimile: 858-509-3691 Nathaniel Bruno Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4106 Telephone: [phone] Facsimile: 415-434-3947 Attorneys for QUANTUM CORPORATION October 7, 2008 QUINN EMANUEL URQUHART OLIVER & HEDGES LLP By: /s/ Todd M. Briggs_________________ Claude M. Stern Todd M. Briggs 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: 650-801-5100

Case No. C-07-04161-WHA

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STIPULATED REQUEST FOR DISMISSAL OF ACTION, AND [PROPOSED] ORDER THEREON

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ORDER In accordance with the foregoing Stipulation of the parties, which is incorporated herein by reference, and with good cause appearing therefor, IT IS HEREBY ORDERED: This entire action (Northern District of California Case No. C-07-04161-WHA), including all pending claims and counterclaims, is hereby dismissed as follows, each party to bear its own fees and costs: 1. Riverbed Technology, Inc.'s ("Riverbed's") counterclaim for infringement of

U.S. Patent No. 7,116,249 and Quantum Corporation's ("Quantum's") counterclaim for infringement of U.S. Patent No. 5,990,810 ARE HEREBY DISMISSED WITH PREJUDICE. 2. Quantum's declaratory judgment counterclaims for non-infringement and

invalidity of U.S. Patent No. 7,116,249 and Riverbed's declaratory judgment counterclaims for noninfringement and invalidity of U.S. Patent No. 5,990,810 ARE HEREBY DISMISSED WITHOUT PREJUDICE.

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S DISTRICT TE C TA

Honorable William H. Alsup United States R E District Judge C
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Case No. C-07-04161-WHA

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STIPULATED REQUEST FOR DISMISSAL OF ACTION, AND [PROPOSED] ORDER THEREON

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Dated:

October 14, 2008.

Judge W

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