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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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U.S. Ethernet Innovations, LLC,
Plaintiff,
v.
Acer, Inc., et al.,
Defendants,
and
Atheros Communications, Inc., et al.,
Intervenors.

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AND RELATED THIRD PARTY
10 COMPLAINTS
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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

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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.
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27 Dated:
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1/6/2014

Honorable Claudia Wilken
Chief District Judge