Quantum Corporation v. Riverbed Technology, Inc.

Filing 38

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 QUANTUM CORPORATION, a Delaware corporation, Plaintiff, v. RIVERBED TECHNOLOGY, INC., a Delaware corporation, Defendant. RIVERBED TECHNOLOGY, INC., a Delaware corporation, Counterclaimant, v. QUANTUM CORPORATION, a Delaware corporation, Counterdefendant. Case No. C-08-0927 WHA

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

The Hon. William H. Alsup United States District Judge Complaint Filed: February 13, 2008

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Case No. C-08-0927-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 Quantum Corporation ("Quantum") and Riverbed Technology, Inc. ("Riverbed"), by and through their respective counsel of record herein, that this entire action, including all pending claims and counterclaims, shall be dismissed as follows: 1. Quantum's claim for infringement of U.S. Patent No. 6,622,164 shall be

dismissed with prejudice. 2. Riverbed's declaratory judgment counterclaims for non-infringement and

invalidity of U.S. Patent No. 6,622,164 shall be dismissed without prejudice.

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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-08-0927-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-08-0927-WHA), including all pending claims and counterclaims, is hereby dismissed as follows, each party to bear its own fees and costs: 1. Quantum Corporation's claim for infringement of U.S. Patent No. 6,622,164

IS HEREBY DISMISSED WITH PREJUDICE. 2. Riverbed Technology, Inc.'s declaratory judgment counterclaims for non-

infringement and invalidity of U.S. Patent No. 6,622,164 ARE HEREBY DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.
UNIT ED

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ISTRIC ES D TC AT T

ER Honorable William H. Alsup C N F D IS T C T O United States DistrictIJudge R

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