Karl Storz Endoscopy-America, Inc. v. FemSuite, LLC

Filing 88

STIPULATION AND ORDER OF DISMISSAL re doc 87 filed by Karl Storz Endoscopy-America, Inc. All claims and counterclaims in this action are dismissed with prejudice. Each party shall bear its own costs and attorney's fees. Signed by Chief Judge Vaughn R Walker on 10/23/2009. (cgk, COURT STAFF) (Filed on 10/26/2009)

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Attorneys for Plaintiff, Karl Storz Endoscopy-America, Inc.: Justin T. Beck (Cal. Bar. No. 53138) Alfredo A. Bismonte (Cal. Bar. No. 136154) Jeremy M. Duggan (Cal. Bar. No. 229854) BECK, ROSS, BISMONTE & FINLEY, LLP 50 West San Fernando Street, Suite 1300 San Jose, California 95113 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] [Additional Plaintiff's counsel listed on signature page] Attorneys for Defendant, FemSuite, LLC: Robert P. Taylor (SBN 46046) Jeffrey M. Ratinoff (SBN 197241) Dean G. Bostock (pro hac vice) MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC 5 Palo Alto Square - 6th Floor 3000 El Camino Real Palo Alto, California 94306-2155 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case No. C 08-3210 (VRW) KARL STORZ ENDOSCOPY-AMERICA, INC. Plaintiff, v. FEMSUITE, LLC Defendant. Hon. Vaughn R. Walker [PROPOSED] STIPULATED ORDER OF DISMISSAL

Case No. C 08-3210 [PROPOSED] STIPULATED ORDER OF DISMISSAL

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The Court, upon the consent and request of Plaintiff Karl Storz Endoscopy-America, Inc. ("KSEA") and Defendant FemSuite, LLC ("FemSuite"), hereby acknowledges the following Stipulation and issues the following Order. STIPULATION This Court has subject matter jurisdiction over this patent infringement action (the

"Action") and personal jurisdiction over KSEA and FemSuite. Venue is proper in this Court as to KSEA and FemSuite. 2. KSEA and FemSuite have agreed to resolve and stipulate to the dismissal of the Action

pursuant to the terms of a Settlement Agreement executed by KSEA and FemSuite. 3. Pursuant to the terms of the Settlement Agreement, KSEA has agreed that each of its claims

set forth its Complaint For Patent Infringement filed on or about July 3, 2008, including the allegations and averments contained therein, should be dismissed with prejudice. 4. Pursuant to the terms of the Settlement Agreement, FemSuite has agreed that each of its

counterclaims and defenses set forth in Defendant's Answer And Counterclaims filed on or about January 7, 2009 and Defendant's First Amended Answer And Counterclaims filed on or about March 17, 2009, including the allegations and averments contained therein, should be dismissed with prejudice.

Case No. C 08-3210 [PROPOSED] STIPULATED ORDER OF DISMISSAL

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SO STIPULATED: Dated: October16, 2009 Respectfully submitted, BECK, ROSS, BISMONTE, & FINLEY, LLP ___/s/________________________ By: Alfredo A. Bismonte Wesley W. Whitmyer, Jr. (pro hac vice) Benjamin J. Lehberger (pro hac vice) ST.ONGE STEWARD JOHNSTON & REENS LLC 986 Bedford Street Stamford, Connecticut 06905 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiff, Karl Storz Endoscopy-America, Inc. Dated: October 16, 2009 Respectfully submitted, MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC ___/s/ 1 ________________________ By: Jeffrey M. Ratinoff Attorneys for Defendant, FemSuite, LLC

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Pursuant to General Order 45, Section X, the efiler of this document attests that concurrence in the filing of this document has been obtained from Jeffery M. Ratinoff.
Case No. C 08-3210 [PROPOSED] STIPULATED ORDER OF DISMISSAL 3

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[PROPOSED] ORDER Accordingly, pursuant to the above Stipulation, and upon the consent and request of KSEA and FemSuite, it is hereby ORDERED, Adjudged and Decreed that: 1. 2. All claims and counterclaims in the Action are dismissed with prejudice. Each party shall bear its own costs and attorneys' fees.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

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Case No. C 08-3210 [PROPOSED] STIPULATED ORDER OF DISMISSAL

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