H-W Technology LC v. Apple Inc

Filing 16

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Joseph C. Spero on 8/28/12. (klhS, COURT STAFF) (Filed on 8/29/2012)

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WINSTON O. HUFF
[e-mail]
ARTHUR I. NAVARRO
[e-mail]
NAVARRO HUFF, PLLC
302 N. Market Street, Suite 450
Dallas, Texas 75202
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
H-W Technology, L.C.
HARRISON J. FRAHN IV (Bar No. 206822)
[e-mail]
PATRICK E. KING (Bar No. 211975)
[e-mail]
JEFFREY E. DANLEY (Bar No. 238316)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
2550 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Apple Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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v.

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Case No. C 12-04045 JCS

H-W TECHNOLOGY, L.C.,

STIPULATION OF DISMISSAL
PURSUANT TO FRCP 41 AND
[PROPOSED] ORDER

APPLE INC.,
Defendant.

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STIPULATION OF DISMISSAL
CASE NO. C 12-04045 JCS

Pursuant to Fed. R. Civ. P. 41(a)(2) and (c), Plaintiff H-W Technology L.C.

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(“H-W”) and Defendant Apple Inc. (“Apple”), hereby move for an order dismissing all claims

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brought by H-W in this action WITH PREJUDICE, and dismissing all counterclaims brought by

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Apple in this action WITHOUT PREJUDICE. Each party will bear its own costs, expenses and

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attorneys’ fees.
IT IS SO STIPULATED AND AGREED.

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Dated: August 22, 2012

NAVARRO HUFF, PLLC

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By: /s/ Winston O. Huff
Winston O. Huff

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Attorneys for Plaintiff
H-W TECHNOLOGY, L.C.

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Dated:

August 22, 2012

SIMPSON THACHER & BARTLETT LLP

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By: /s/ Patrick E. King
Patrick E. King
Attorneys for Defendant
APPLE INC.

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STIPULATION OF DISMISSAL
CASE NO. C 12-04045 JCS
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[PROPOSED] ORDER

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On this day, Plaintiff H-W Technology and Defendant Apple Inc., announced to the

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Court that they have settled their respective claims for relief asserted in this cause. The Court,

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having considered this request, is of the opinion that their request for dismissal should be granted.

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IT IS THEREFORE ORDERED that all claims for relief asserted against Apple

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Inc. by H-W Technology herein are dismissed, with prejudice, and all counterclaims for relief

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against H-W Technology by Apple Inc. are dismissed without prejudice; and

shall be borne by each party incurring the same.
S

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FO

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___________________________
. Spero
Magistratedge Joseph CJoseph C. Spero
Ju Judge
NO

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Dated: August 28 2012
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PROPOSED ORDER
CASE NO. C 12-04045 JCS

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IT IS FURTHER ORDERED that all attorneys’ fees, costs of court and expenses

UNIT
ED

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N

F
D IS T IC T O
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ECF FILER’S ATTESTATION

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I, Patrick E. King, as the e-filing signatory, attest that concurrence in filing this

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document has been obtained from Winston O. Huff. In accordance with General Order 45,

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Section X(B), I shall maintain a record of the original signatures to support this concurrence for

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subsequent production for the Court if so ordered or for inspection upon request by a party until

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one year after final resolution of the action.

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Dated: August 22, 2012

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By /s/ Patrick E. King
Patrick E. King

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CERTIFICATE OF SERVICE
CASE NO. C 12-04045 JCS