Riverbed Technology Inc. v. Quantum Corporation et al

Filing 29

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

[COUNSEL LISTED ON SIGNATURE PAGE]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RIVERBED TECHNOLOGY, INC., Plaintiff, v. QUANTUM CORPORATION, a Delaware Corporation, A.C.N. 120 786 012 PTY. LTD., an Australian Company, and ROCKSOFT LTD., an Australian Company, Defendants. STIPULATED REQUEST FOR DISMISSAL OF ACTION, AND [PROPOSED] ORDER THEREON Case No. C-08-1314-WHA

Honorable William H. Alsup United States District Judge Complaint Filed in D. Del.: January 9, 2008 Case Transferred to N.D. Cal.: March 10, 2008

W02-WEST:6NB1\401064685.2

Case No. C-08-1314-WHA

1

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

1 2 3 4 5 6 7 8 9 10 11

STIPULATION FOR DISMISSAL IT IS HEREBY STIPULATED by Riverbed Technology, Inc. ("Riverbed"), on the one hand, and Quantum Corporation ("Quantum"), A.C.N. 120 786 012 Pty. Ltd. ("A.C.N. 120"), and Rocksoft Ltd. ("Rocksoft"), on the other hand, by and through their respective counsel of record herein, that this entire action, consisting of Riverbed's declaratory judgment claims for noninfringement and invalidity of U.S. Patent No. 5,990,810, shall be dismissed without prejudice. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. By his signature below, counsel for Quantum, A.C.N. 120, and Rocksoft 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________________

12 13 14 15 16 17 18 19 20 21 Dated: 22 23 24 25 26 27 Attorneys for RIVERBED TECHNOLOGY, INC. 28
W02-WEST:6NB1\401064685.2

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, A.C.N. 120 786 012 PTY. LTD., and ROCKSOFT LTD. 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-08-1314-WHA

2

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
W02-WEST:6NB1\401064685.2

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 that this entire action (Northern District of California Case No. C-08-1314-WHA) is hereby dismissed as follows, each party to bear its own fees and costs: Riverbed Technology, Inc.'s declaratory judgment claims against Quantum Corporation ("Quantum"), A.C.N. 120 786 012 Pty. Ltd. ("A.C.N. 120"), and Rocksoft Ltd. ("Rocksoft") for non-infringement and invalidity of U.S. Patent No. 5,990,810 ARE HEREBY DISMISSED WITHOUT PREJUDICE, each party to bear its own fees and costs.

IT IS SO ORDERED.
S
S DISTRICT TE C TA

RT U O

UNIT ED

Honorable William H. Alsup ER United States District Judge N
H

F D IS T IC T O R

Case No. C-08-1314-WHA

3

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

A

C

LI

FO

Dated:

October 14, 2008.

Judge W

illiam A

lsup

R NIA

O IT IS S

ORDER

ED

NO

RT