X/Open Company, Ltd. v. Xinuos, Inc.

Filing 41

STIPULATION AND ORDER of Dismissal. Signed by Judge Richard Seeborg on 5/1/17. (cl, COURT STAFF) (Filed on 5/1/2017)

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Morgan E. Smith (SBN 293503)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
[e-mail]
3300 Hillview Avenue
Palo Alto, CA 94304
Telephone:
[phone]
Facsimile:
[phone]
Mark Sommers (admitted pro hac vice)
Naresh Kilaru (pro hac vice to be filed)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
[e-mail]
[e-mail]
901 New York Avenue, N.W.
Washington, D.C. 20001-4413
Telephone:
[phone]
Facsimile:
[phone]

Nate A. Garhart (SBN 196872)
Vijay K. Toke (SBN 215079)
Matthew S. Slevin (SBN 287968)
COBALT LLP
[e-mail]
[e-mail]
[e-mail]
918 Parker Street, Bldg. A21
Berkeley, CA 94710
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Xinuos, Inc.

Attorneys for Plaintiff
X/Open Company Limited

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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X/OPEN COMPANY LIMITED

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Plaintiffs,

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v.

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XINUOS, INC.,

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Case No. 3:16-cv-03122-RS

STIPULATED DISMISSAL;[PROPOSED]
ORDER
Defendant.

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Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff X/Open

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Company Limited (“X/Open”) and Defendant Xinuos, Inc. (“Xinuos”), by and through their

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respective undersigned counsel, stipulate to dismiss this action without prejudice.

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On June 8, 2016, X/Open filed suit against Xinuos alleging trademark infringement,

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trademark dilution, false advertising, unfair competition, and breach of contract. (Dkt. 1.) Xinuos

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answered the complaint on August 2, 2016. (Dkt. 15.)
STIPULATED DISMISSAL; [PROPOSED] ORDER
CASE NO. 3:16-CV-03122-RS

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Based on the parties’ settlement agreement (the “Agreement”), X/Open and Xinuos agree to

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dismiss, without prejudice, all claims and defenses asserted in this action. Under the terms of the

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Agreement, this stipulated dismissal without prejudice will become a stipulated dismissal with

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prejudice effective January 31, 2018, pending Xinuos’s full performance of the obligations under the

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Agreement and unless X/Open files a stipulated consent judgment for breach of the Agreement prior

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to that date.

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This case is not a class action under Federal Rule of Civil Procedure 23, a derivative action

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under Rule 23.1, or a related action to an unincorporated association under Rule 23.2. A receiver

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has not been appointed in this case under Rule 66, and this case is not governed by a federal statute

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that requires a court order for dismissal of the case.
Neither X/Open nor Xinuos have previously dismissed any federal- or state-court claims or
defenses based on or including the same claims and defenses as those presented in this case.
By signature below, counsel for X/Open attests that counsel for Xinuos concurs in the filing
of this paper.

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Dated: April 28, 2017

By: /s/ Morgan E. Smith
Morgan E. Smith (SBN 293503)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
[e-mail]
3300 Hillview Avenue
Palo Alto, CA 94304
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Plaintiff
X/Open Company Limited

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STIPULATED DISMISSAL; [PROPOSED] ORDER
CASE NO. 3:16-CV-03122-RS

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Dated: April 28, 2017

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By: /s/ Vijay K. Toke
Nate A. Garhart (SBN 196872)
Vijay K. Toke (SBN 215079)
Matthew S. Slevin (SBN 287968)
COBALT LLP
[e-mail]
[e-mail]
[e-mail]
918 Parker Street, Bldg. A21
Berkeley, CA 94710
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Xinuos, Inc.

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 5/1/17

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The Hon. Richard Seeborg
United States District Judge
Northern District of California

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STIPULATED DISMISSAL; [PROPOSED] ORDER
CASE NO. 3:16-CV-03122-RS