Synopsys, Inc. v. Atoptech, Inc

Filing 937

JOINT STIPULATION OF PARTIAL DISMISSAL AND ORDER. Synopsys' claim for infringement of U.S. Patent No. 6,567,967 is dismissed with prejudice. ATopTech's defenses pertaining to U.S. Patent No. 6,567,967 are dismissed without prejudice. Signed by Judge Maxine M. Chesney on 12/28/16. (mmclc2, COURT STAFF) (Filed on 12/28/2016)

1
2
3
4
5
6
7
8
9
10
11
12
13

Robert A. Mittelstaedt (SBN 60359)
[e-mail]
Patrick T. Michael (SBN 169745)
[e-mail]
Krista S. Schwartz (SBN 303604)
[e-mail]
Joe C. Liu (SBN 237356)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
+1.415.626.3939
Facsimile:
+1.415.875.5700

Paul Alexander (#49997)
[e-mail]
Martin R. Glick (#40187)
[e-mail]
Sean M. Callagy (#255230)
[e-mail]
Willow White Noonan (#277584)
[e-mail]
ARNOLD & PORTER LLP
Three Embarcadero Center, 7th Floor
San Francisco, CA 94111-4024
Telephone: [phone]
Facsimile: [phone]

Thomas W. Ritchie (pro hac vice)
[e-mail]
JONES DAY
77 W. Wacker Dr.
Chicago, IL 60601
Telephone:
+1.312.782.3939
Facsimile:
+1.312.782.8585

Philip W. Marsh (#276383)
[e-mail]
ARNOLD & PORTER LLP
1801 Page Mill Road, Suite 110
Palo Alto, CA 94304-1216
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff
SYNOPSYS, INC.

Attorneys for Defendant
ATOPTECH, INC.

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17
18

SYNOPSYS, INC.,
Plaintiff,

19
20
21
22

v.

Case No. 3:13-cv-02965-MMC (DMR)
JOINT STIPULATION OF PARTIAL
DISMISSAL AND [PROPOSED]
ORDER

ATOPTECH, INC.,
Defendant.

23
24
25
26
27
28
Joint Stipulation and (Proposed) Order
Case No. 3:13-cv-02965-MMC (DMR)

1

STIPULATION OF PARTIAL DISMISSAL

2

Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff Synopsys, Inc.

3

(“Synopsys”) and Defendant ATopTech, Inc. (“ATopTech”), by and through their respective

4

counsel of record, hereby stipulate and agree as follows:

5

1.

Synopsys filed an Amended Complaint on November 25, 2013 alleging, inter alia,

6

ATopTech infringes U.S. Patent No. 6,567,967 (“the ’967 Patent”). ECF No. 43. Synopsys

7

repeated those allegations in its First Supplemental Amended Complaint, filed on January 23,

8

2016. ECF No. 523.

9
10
11

3.

Pursuant to the parties’ stipulation, the Court dismissed with prejudice as moot

Synopsys’ claim for infringement of Claims 33-36 of the ’967 Patent. ECF No. 763.
4.

The parties agree that all of Synopsys’ remaining claims for infringement of the

12

’967 Patent against ATopTech (Count V of Synopsys’ First Supplemental Amended Complaint)

13

should be dismissed with prejudice as to all past and present products made, used, sold, offered

14

for sale, or imported into the United States by ATopTech and that ATopTech’s defenses

15

pertaining to the ’967 Patent should be dismissed without prejudice.

16
17

5.

The parties agree that each party will bear its own fees and costs with respect to

Synopsys’ claims for infringement of the ’967 Patent.

18
19
20
21
22
23
24
25

Dated: December 27, 2016

Respectfully submitted,
JONES DAY
By: /s/ Patrick T. Michael
Patrick T. Michael
Attorneys for Plaintiff
SYNOPSYS, INC.

In accordance with Local Rule 5-1(i)(3), the above signatory attests that concurrence in
the filing of this document has been obtained from the signatory below.

26
27
28
-1-

Joint Stipulation and (Proposed) Order
Case No. 3:13-cv-02965-MMC (DMR)

1

ARNOLD & PORTER

2

By: /s/ Philip W. Marsh
Philip W. Marsh

3

Attorneys for Defendant
ATOPTECH, INC.

4
5

[PROPOSED] ORDER OF PARTIAL DISMISSAL

6

IT SO ORDERED, pursuant to Fed. R. Civ. P., Rule 41(a)(2) and the Parties’ stipulation,

7
8
9
10
11
12
13
14
15
16
17

that:
1.

Synopsys’ claim for infringement of U.S. Patent No. 6,567,967 as to all past and

present products made, used, sold, offered for sale, or imported into the United States by
ATopTech is dismissed with prejudice.
2.

ATopTech’s defenses pertaining to U.S. Patent No. 6,567,967 are dismissed

without prejudice.
3.

Each party will bear its own fees and costs with respect to Synopsys’ claim for

infringement of U.S. Patent No. 6,567,967.
December 28, 2016
Dated: _________________________

By:
Hon. Maxine Chesney
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
-2-

Joint Stipulation and (Proposed) Order
Case No. 3:13-cv-02965-MMC (DMR)