Fuzzysharp Technologies Incorporated v. Ziilabs Inc., Ltd.

Filing 119

STIPULATION AND ORDER, Ziilabs Inc., Ltd. and Ziilabs Inc., Ltd. terminated.. Signed by Judge ARMSTRONG on 5/10/12. (lrc, COURT STAFF) (Filed on 5/10/2012)

1 David Fink (pro hac vice)
FINK & JOHNSON
2 7519 Apache Plume
3 Houston, TX 77071
Telephone: [phone]
4 Facsimile: 713-729-4951
Email: [e-mail]
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Duncan M. McNeill (Cal. Bar No. 136416)
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1514 Van Dyke Avenue
7 San Francisco, CA 94124
Telephone: [phone]
8 Email: [e-mail]
9 Attorneys for Plaintiff and Counter
defendant
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FuzzySharp Technologies, Incorporated
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Jonathan D. Baker (CA No. 196062)
FARNEY DANIELS LLP
800 South Austin Ave., Suite 200
Georgetown, TX 78626
Telephone: [phone]
Facsimile: 512-582-2829
[e-mail]
Michael D. Saunders (CA No. 259692)
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
525 University Avenue, Suite 1100
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant
ZIILABS INC., LTD.
f/k/a 3D LABS INC. LTD.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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) Case No.: 07-CV-5948-SBA
)
) STIPULATED CONDITIONAL
) DISMISSAL AS TO ZIILABS INC., LTD.
Plaintiff,
) AND PROPOSED ORDER
)
vs.
)
)
ZIILABS INC., LTD.,
)
)
Defendant.
)
001 Plaintiff FuzzySharp Technologies Inc. (FST) and Defendant ZiiLabs Inc., Ltd.

FUZZYSHARP TECHNOLOGIES
17 INCORPORATED,
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24 (ZiiLabs), through their respective attorneys, hereby file this Stipulated Conditional Dismissal as
25 to ZiiLabs.
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002

The parties, in good faith, agree and believe that an agreement in principle has been

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reached, and will be put into written form within thirty (30) days.
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STIPULATED CONDITIONAL DISMISSAL AS TO ZIILABS INC., LTD. AND PROPOSED ORDER

CASE NO.: 4:07-cv-05948-SBA

1 003

Therefore, in an effort to minimize judicial resources and to minimize the expenses and

2 costs to the aforementioned parties, it is hereby stipulated that:
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004

1.

This action as to ZiiLabs be conditionally dismissed without prejudice for thirty

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(30) days from the Order signed by the Court, and FST and ZiiLabs, respectively, will bear its
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own fees and costs.

7 005

2.

During the aforementioned thirty (30) day period, either FST and ZiiLabs, may

8 request the Court to reopen the case as to FST and ZiiLabs.
9 006
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3.

If, after the expiration of the aforementioned thirty (30) day period, neither FST

or ZiiLabs, has submitted a request to reopen to the Court, then it is hereby further stipulated that
this case be dismissed with prejudice, and FST and ZiiLabs, will each bear its own fees and

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costs.
007

For the foregoing reasons, FST and ZiiLabs, request the Court to accept this Stipulation

15 and proposed Order submitted herewith.
16 Date: May 8, 2012

Respectfully submitted,

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FINK & JOHNSON

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/s/ David Fink
David Fink

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Attorney for Plaintiff
FuzzySharp Technologies Inc.

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SKADDEN, ARPS, SLATE, MEAGHER
& FLOM, LLP

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By:

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/s/
Michael D. Saunders
MICHAEL D. SAUNDERS
Attorney for Defendant
ZIILABS INC., LTD.
f/k/a 3D LABS INC. LTD.

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2
STIPULATED CONDITIONAL DISMISSAL AS TO ZIILABS INC., LTD. AND PROPOSED ORDER

CASE NO.: 4:07-cv-05948-SBA

1
David Fink (pro hac vice)
2 FINK & JOHNSON
3 7519 Apache Plume
Houston, TX 77071
4 Telephone: [phone]
Facsimile: 713-729-4951
5 Email: [e-mail]

Jonathan D. Baker (CA No. 196062)
FARNEY DANIELS LLP
800 South Austin Ave., Suite 200
Georgetown, TX 78626
Telephone: [phone]
Facsimile: 512-582-2829
[e-mail]

6

Michael D. Saunders (CA No. 259692)
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
525 University Avenue, Suite 1100
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Duncan M. McNeill (Cal. Bar No. 136416)
7 1514 Van Dyke Avenue
San Francisco, CA 94124
8 Telephone: [phone]
Email: [e-mail]
9
Attorneys for Plaintiff and Counter
10
defendant
11 FuzzySharp Technologies, Incorporated

Attorneys for Defendant
ZIILABS INC., LTD.
f/k/a 3D LABS INC. LTD.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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17 FUZZYSHARP TECHNOLOGIES
INCORPORATED,
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)
)
)
)
)
)
)
)
)
)
)

Plaintiff,

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vs.

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21 ZIILABS INC., LTD.,
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Defendant.

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24 001

Case No.: 07-CV-5948-SBA
ORDER FOR
STIPULATED CONDITIONAL
DISMISSAL AS TO ZIILABS INC., LTD.

The Court has considered the Stipulated Conditional Dismissal as to ZiiLabs Inc., Ltd.

25 (ZiiLabs) submitted by FuzzySharp Technologies Inc. (FST) and Orders the following:
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002

1.

This action as to ZiiLabs is conditionally dismissed without prejudice for thirty

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(30) days from the date of this Order, and FST and ZiiLabs will each bear its own fees and costs.
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STIPULATED CONDITIONAL DISMISSAL AS TO ZIILABS INC., LTD. AND PROPOSED ORDER

CASE NO.: 4:07-cv-05948-SBA

1 003

2.

During the aforementioned thirty (30) day period, either FST or ZiiLabs may

2 request the Court to reopen the case as to FST and ZiiLabs.
3

004

3.

After the expiration of the aforementioned thirty (30) day period, if neither FST or

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ZiiLabs has submitted a request to reopen to the Court, then this case shall be dismissed with
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prejudice, and FST and ZiiLabs will each bear its own fees and costs.

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IT IS SO ORDERED:

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10 Date:5/10/12

____________________________
Saundra B. Armstrong
U.S. District Judge

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STIPULATED CONDITIONAL DISMISSAL AS TO ZIILABS INC., LTD. AND PROPOSED ORDER

CASE NO.: 4:07-cv-05948-SBA

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FILER’S ATTESTATION: PURSUANT TO GENERAL ORDER NO. 45

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Pursuant to General Order no. 45, Section X(B), David Fink hereby attests that

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concurrence in the filing of this document has been obtained.

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Date: May 8, 2012
/S/ David Fink
David Fink

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STIPULATED CONDITIONAL DISMISSAL AS TO ZIILABS INC., LTD. AND PROPOSED ORDER

CASE NO.: 4:07-cv-05948-SBA