Fujitsu Limited et al v. Netgear Inc

Filing 15

STIPULATION AND ORDER DISMISSING MATTER, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 6/30/09. (nah, COURT STAFF) (Filed on 6/30/2009)

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Mark E. Miller ([e-mail]) Nora M. Puckett ([e-mail]) Michael Sapoznikow ([e-mail]) David S. Almeling ([e-mail]) O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, California 94111-3305 Phone: [phone] Attorneys for Plaintiffs LG ELECTRONICS, INC., and U.S. PHILIPS CORPORATION Additional counsel listed below.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FUJITSU LIMITED, LG ELECTRONICS, INC., and U.S. PHILIPS CORPORATION, Plaintiffs and Counter-Defendants, vs. NETGEAR, INC., Defendant and Counter-Claimant. Case No. CV-09-80126 MISC STIPULATION AND [PROPOSED] ORDER DISMISSING MISCELLANEOUS MATTER [Western District of Wisconsin Case No. 07-C-07100-C]

Fujitsu Limited ("Fujitsu"), LG Electronics, Inc. ("LG"), and U.S. Philips Corporation ("Philips") (together, "Movants") and Atheros Communications, Inc. ("Atheros") hereby stipulate as follows: WHEREAS, this Miscellaneous Matter relates to Fujitsu et al. v. Netgear, Inc., a patent infringement action brought by Movants in the United States District Court for the Western District of Wisconsin, civil case number 07-C-07100-C (the "Wisconsin Case"); and

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STIPULATION AND [PROPOSED] ORDER DISMISSING MISCELLANEOUS MATTER CASE NO.: CV-09-80126 MISC

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WHEREAS, on June 17, 2009, Movants initiated this Miscellaneous Matter by filing a motion to compel Atheros to comply with a subpoena issued by Movants (Docket No. 1), and a motion to shorten the time for the Court to hear the motion to compel (Docket No. 4); and WHEREAS, Movants and Atheros agreed in writing on June 2, 2009 to the form and content of a declaration and chart to satisfy all of Atheros remaining obligations under the subpoena; and WHEREAS, Atheros has agreed to serve the declaration on or before July 2, 2009; and WHEREAS, the close of discovery in the Wisconsin Case is July 24, 2009.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. This Miscellaneous Matter shall be dismissed. 2. Atheros shall provide Movants with the agreed-upon declaration and chart no later than July 2, 2009.

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STIPULATION AND [PROPOSED] ORDER DISMISSING MISCELLANEOUS MATTER CASE NO.: CV-09-80126 MISC

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD DATED: June 25, 2009. O'MELVENY & MEYERS LLP By /s/ Michael Sapoznikow Michael Sapoznikow Attorneys for Movants LG Electronics and U.S. Philips Corporation

DATED: June 25, 2009. MORRISON & FOERSTER LLP By /s/ Danile P. Muino Daniel P. Muino Attorneys for Movants Fujitsu Limited and U.S. Philips Corporation

DATED: June 25, 2009. REED SMITH LLP By /s/ James A. Daire James A. Daire Attorneys for Non-Party Atheros Communications, Inc.
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PURSUANT TO STIPULATION, IT IS SO ORDERED. June 30 DATED: ________, 2009. By
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Filer's Attestation: Pursuant to General Order No. 45, §X(B), of perjury that concurrence in the filing of this document has been obtained from the other signatories By /s/ Michael Sapoznikow Michael Sapoznikow 3
STIPULATION AND [PROPOSED] ORDER DISMISSING MISCELLANEOUS MATTER CASE NO.: CV-09-80126 MISC

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