GeoTag, Inc. v. Zoosk, Inc.

Filing 226

STIPULATION AND ORDER re 225 STIPULATION WITH PROPOSED ORDER OF DISMISSAL OF ALL CLAIMS AND COUNTERCLAIMS filed by Geotag, Inc. Signed by Judge Edward M. Chen on 7/22/15. (bpf, COURT STAFF) (Filed on 7/22/2015)

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JEFFREY A. TINKER (PRO HAC VICE)
[e-mail]
Winstead PC
500 Winstead Building
2728 N. Harwood Street
Dallas, Texas 75201

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JOSEPH A. GRECO (Cal. Bar No. 104476)
[e-mail]
KIMBERLY P. ZAPATA (Cal. Bar No. 138291)
[e-mail]
Beck, Bismonte & Finley, LLP
150 Almaden Boulevard, 10th Floor
San Jose, CA 95113
Telephone: [phone]
Facsimile: 408.938.0790

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CHARLENE M. MORROW (CSB No.
136411)
[e-mail]
HECTOR J. RIBERA (CSB No. 221511)
[e-mail]
BRIAN E. LAHTI (CSB No. 278951)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200
Attorneys for Defendant and
Counterclaimant
ZOOSK, INC.

Attorneys for Plaintiff and CounterclaimDefendant GEOTAG, INC.

MOUNTAIN VIEW

UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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GEOTAG, INC.,

Case No.: 13-cv-00217-EMC
Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL OF ALL
CLAIMS AND COUNTERCLAIMS

v.
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ZOOSK, INC.,
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Defendant.
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AND RELATED COUNTERCLAIMS.
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IT IS HEREBY STIPULATED AND AGREED that all claims and counterclaims

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between Plaintiff GeoTag, Inc. (“GeoTag”) and Defendant Zoosk, Inc. (“Zoosk”) (collectively

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“the parties”) in the above-captioned action have been resolved between the parties, and that the

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terms of that resolution include, inter alia, the covenants not to sue provided by GeoTag attached

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hereto as Exhibit A, and that all parties should bear their own fees and costs.

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NOW, THEREFORE, the parties request that this Court dismiss with prejudice all claims
and counterclaims between the parties in this action pursuant to Rule 41(a)(1)(A)(ii) of the
STIPULATION AND [PROPOSED] ORDER OF
DISMISSAL

CASE NO.: 13-cv-00217-EMC

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Federal Rules of Civil Procedure.

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SO STIPULATED.

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BECK, BISMONTE & FINLEY, LLP
Dated: July 17, 2015

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By: /s/ Joseph A. Greco
Joseph A. Greco
Attorneys for Plaintiff and CounterclaimDefendant GeoTag, Inc.

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FENWICK & WEST LLP

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By: /s/ Brian E. Lahti
Brian E. Lahti
Attorneys for Defendant and
Counterclaimant
Zoosk, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ard M.

NO

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_____________________________
DERED
The Honorable Edward M. Chen
SO OR
IT IS
United States District Judge

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Judge E

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7/22/15
Dated: __________________

Chen

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UNIT
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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STIPULATION AND [PROPOSED] ORDER OF
DISMISSAL

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CASE NO.: 13-cv-00217-EMC

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
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Pursuant to Local Rule 5-1(i)(3), regarding signatures, I attest that the concurrence in the
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filing of this document has been obtained from its signatories.
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Dated: July 17, 2015

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By: /s/ Joseph A. Greco
Joseph A. Greco

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Attorney for Plaintiff and CounterclaimDefendant GeoTag, Inc.

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MOUNTAIN VIEW

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STIPULATION AND [PROPOSED] ORDER OF
DISMISSAL

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CASE NO.: 13-cv-00217-EMC

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EXHIBIT A
Covenants. GeoTag, on behalf of itself and its Affiliates, covenants and agrees, as follows:

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1. If GeoTag, or its current or future Affiliates, sells, assigns, conveys, divests or otherwise

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transfers title or other ownership interest in, or the right to enforce or grant relief from claims of

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infringement of, any of the Licensed Patents to any third party (“Patent Sale”), then GeoTag and

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such Affiliates shall ensure that such Patent Sale shall not negate, reduce, alter or otherwise affect

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the releases, licenses, covenants and other rights that any of them have granted herein.

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2. GeoTag shall take all necessary actions to bind its current and future Affiliates and
successors to the terms and conditions of this Agreement.

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Assert patent infringement against Zoosk or its Affiliates, or (ii) Assert patent infringement

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ATTORNEYS AT LAW

3. Neither GeoTag nor its Affiliates shall, at any time on or after the Effective Date, (i)

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F ENWICK & W EST LLP

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against any of Zoosk’s or its Affiliates’ past, present and future respective direct and indirect

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vendors, suppliers, resellers, distributors customers and end users based upon activities that are

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subject to a release or license granted herein.

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STIPULATION AND [PROPOSED] ORDER OF
DISMISSAL

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CASE NO.: 13-cv-00217-EMC