The Tonytail Company, Inc. v. Conair Corporation et al

Filing 99

ORDER DISMISSING CLAIMS 4 AND 5 OF U.S. PATENT NO. 6,263,884. Signed by Judge Alsup on September 10, 2008. (whalc1, COURT STAFF) (Filed on 9/10/2008)

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Matlock Law Group, PC.

ANNE-LEITH MATLOCK MATLOCK LAW GROUP, A Professional Corporation 1485 Treat Blvd., Suite 200 Walnut Creek, CA 94597 Phone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff THE TONYTAIL COMPANY, INC. THOMAS F. FITZPATRICK GOODWIN PROCTER LLP 135 Commonwealth Drive Menlo Park, California 94025 Telephone: [phone] Facsimile: 650-853-1038 E-Mail: [e-mail] Attorneys For Defendants CONAIR CORPORATION and RITE AID HDQTRS. CORP. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION THE TONYTAIL COMPANY, INC. a Delaware Corporation, Plaintiff, v. CONAIR, a Delaware Corporation; SCUNCI INTL., Ltd., a Delaware Corporation; RITE AID, a Delaware Corporation; L&N Sales & Marketing, Inc., and DOES 1-10, inclusive, Defendants. CASE NO. 3:07-cv-05895-WHA [PROPOSED] ORDER DISMISSING CLAIMS 4 AND 5 OF U.S. PATENT NO. 6,263,884

Case No.3:07-cv-05895-WHA

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THIS MATTER having been brought before the Court by Plaintiff The Tonytail Company, Inc. and Defendants Conair Corporation and Rite Aid HDQTRS. Corp, pursuant to the stipulation executed by the parties and submitted to this Court, and for other good cause shown, IT IS HEREBY ORDERED that: (1) all of Plaintiff's causes of action with respect to claims 4 and 5 of U.S.

Patent No. 6,263,884, are hereby dismissed with prejudice; (2) Defendants' counterclaim requesting a declaratory judgment of non-

infringement with respect to claims 4 and 5 of U.S. Patent No. 6,263,884 is dismissed with prejudice; (3) Defendants' counterclaim requesting a declaratory judgment of invalidity

with respect to claims 4 and 5 of U.S. Patent No. 6,263,884 is dismissed without prejudice; and (4) neither party will assert a cause of action against the other (or any related

entity, affiliate, assignee, or successor) based in whole or part on the infringement, non-infringement, or invalidity of claims 4 and 5 of U.S. Patent No. 6,263,884.
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IT IS SO ORDERED.

Case No.3:07-cv-05895-WHA

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September 10, 2008. Dated: _________________

lsup _______________________ illiam A Judge W WILLIAM ALSUP ER C United States District Court Judge N F D IS T IC T O R California Northern District of San Francisco Division

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