Electra Bicycle Company LLC v. Trek Bicycle Corporation Ltd

Filing 32

STIPULATION AND ORDER RE 31 FOR DISMISSAL. Stipulation filed by Electra Bicycle Company LLC ***Civil Case Terminated. Signed by Judge Richard Seeborg on 8/19/11. (cl, COURT STAFF) (Filed on 8/19/2011)

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*E-Filed 8/19/11* 1 2 3 4 5 6 7 8 9 10 BINGHAM MCCUTCHEN LLP William F. Abrams (SBN 88805) william.abrams@bingham.com Patrick T. Weston (SBN 211448) patrick.weston@bingham.com 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: 650.849.4400 Facsimile: 650.849.4800 WOMBLE CARLYLE SANDRIDGE & RICE, PLLC Malcolm K. McGowan (pro hac vice) mmcgowan@wcsr.com 1401 Eye Street NW, Suite 700 Washington DC 20005 Telephone: 202.467.6900 Facsimile: 202.467.6910 Attorneys for Plaintiff Electra Bicycle Company, LLC 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 ELECTRA BICYCLE COMPANY, LLC, a Delaware limited liability company, Case No. C 10-05534 RS JOINT STIPULATION FOR DISMISSAL 17 Plaintiff, 18 v. 19 20 TREK BICYCLE CORPORATION, LTD., a Wisconsin corporation Defendant. 21 22 23 Plaintiff Electra Bicycle Company (“Electra”) and Defendant Trek Bicycle Corporation 24 (“Trek”) hereby submit this Stipulation to dismiss this case pursuant to Fed. R. Civ. P. 41(a)(1). 25 26 WHEREAS the parties have agreed to settle this case, and that as a condition of that settlement, Electra will dismiss its complaint for patent infringement with prejudice, and that Trek will dismiss its counterclaims for declaratory judgment of patent invalidity and non- 27 28 infringement without prejudice; WCSR 6928892v1 JOINT STIPULATION FOR DISMISSAL CASE NO. C 10-05534 RS A/74490706.2 1 IT IS HEREBY STIPULATED by and between the parties hereto that Electra’s 2 complaint for patent infringement is dismissed with prejudice, and that Trek’s counterclaims for 3 declaratory judgment of patent invalidity and non-infringment are dismissed without prejudice. 4 5 Each party is to bear its own fees and costs. DATED: August 18, 2011 Respectfully submitted, 6 Bingham McCutchen LLP 7 8 9 By: /s/ Patrick T. Weston William F. Abrams Patrick T. Weston 10 11 Attorneys for Plaintiff ELECTRA BICYCLE COMPANY, LLC 12 13 Respectfully submitted, DATED: August 18, 2011 14 15 Kilpatrick Townsend & Stockton LLP 16 17 By: /s/ Ryan Phillips David E. Sipiora Ryan Phillips 18 19 Attorneys for Defendant TREK BICYCLE CORPORATION, LTD 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED, 23 24 DATED: 8/19/11 25 26 United States District Judge 27 28 WCSR 6928892v1 2 JOINT STIPULATION FOR DISMSSAL CASE NO. C 10-05534 RS A/74490706.2

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