U.S. Ethernet Innovations, LLC v. Acer, Inc. et al

Filing 945

ORDER by Judge Claudia Wilken Granting 943 Stipulation re Dismissal of Claims Between Plaintiff U.S. Ethernet Innovations, LLC and Intervenor Nvidia Corporation (ndr, COURT STAFF) (Filed on 1/6/2014)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 1 2 3 4 5 6 7 8 U.S. Ethernet Innovations, LLC, Plaintiff, v. Acer, Inc., et al., Defendants, and Atheros Communications, Inc., et al., Intervenors. 9 AND RELATED THIRD PARTY 10 COMPLAINTS 11 12 Case No.: 4:10-cv-03724 CW (LB) [PROPOSED] ORDER DISMISSING CLAIMS BETWEEN USEI AND NVIDIA Judge: Hon. Claudia Wilken Courtroom: 2, 4th Floor AT&T Mobility, LLC, et al., Defendants 13 14 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the stipulation of Plaintiff 15 U.S. Ethernet Innovations, LLC (“USEI”) and Intervenor Nvidia Corporation (“Nvidia”), it is hereby 16 ORDERED that all claims, counterclaims, and affirmative defenses asserted by USEI and Nvidia 17 against each other are dismissed with prejudice, except that Nvidia’s claims, counterclaims and 18 defenses asserting invalidity or unenforceability are dismissed without prejudice. This dismissal 19 encompasses all claims by USEI against Nvidia customers who are Defendants in this action, but 20 only to the extent of USEI’s claims based on use of Nvidia products, including, for the avoidance of 21 doubt, Acer, Inc., ACER America Corporation, Apple Inc., Asus Computer International, ASUSteK 22 Computer Inc., Dell Inc., Fujitsu Ltd., Fujitsu America, Inc., Gateway, Inc., Hewlett Packard Co., 23 Lenovo (United States) Inc., Toshiba Corporation, Toshiba America, Inc., and Toshiba America 24 Information Systems, Inc., to the extent such claims are based upon their use, sale, offer of sale, or 25 importation of Nvidia products. USEI and Nvidia shall bear their own fees and costs. 26 27 Dated: 28 1/6/2014 Honorable Claudia Wilken Chief District Judge

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