Software Rights Archive, LLC v. Facebook, Inc.

Filing 248

ORDER by Judge Haywood S. Gilliam, Jr. Granting 247 Stipulation of Dismissal with Prejudice. This order terminates docket no. 235 .(ndrS, COURT STAFF) (Filed on 11/19/2020)

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DINOVO PRICE LLP
ANDREW G. DINOVO (admitted pro hac vice)
[e-mail]
7000 N. MoPac Expressway, Suite 350
Austin, Texas 78731
Telephone: [phone]
Facsimile: [phone]

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NIELSEN PATENTS
Steven Nielsen (133864)
[e-mail]
1000 Larkspur Landing Circle, Suite 21
Larkspur, CA 94939-1743
Telephone: [phone]

COOLEY LLP
HEIDI L. KEEFE (178960)
[e-mail]
MARK R. WEINSTEIN (193043)
[e-mail]
LOWELL D. MEAD (223989)
[e-mail]
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.

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Attorneys for Plaintiff
SOFTWARE RIGHTS ARCHIVE, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Case No. 4:12-cv-03970-HSG

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SOFTWARE RIGHTS ARCHIVE, LLC,

JOINT STIPULATION OF DISMISSAL
WITH PREJUDICE AND ORDER
THEREON

Plaintiff,
v.
FACEBOOK, INC.,

Judge:

Hon. Haywood S. Gilliam, Jr.

Defendant.

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CASE NO. 4:12-CV-03970 HSG

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STIPULATION RE DISMISSAL

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Plaintiff Software Rights Archive, LLC (“SRA”) and Defendant Facebook, Inc. (“Facebook”)
respectfully submit the following joint stipulation and request for dismissal of this action:
WHEREAS on September 9, 2020, this Court entered judgment in favor of Facebook and
against SRA (Dkt. No. 231);
WHEREAS on September 23, 2020, Facebook filed a Motion for Partial Award of Attorneys’
Fees Pursuant to 35 U.S.C. § 285 (Dkt. No. 235);
WHEREAS on October 8, 2020, the parties filed a Joint Stipulation and Order Regarding Bill
of Costs, which was approved by the Court (Dkt. No. 240);
WHEREAS SRA filed a Notice of Appeal to the U.S. Court of Appeals for the Federal Circuit
from the Court’s judgment (Dkt. No. 243);
WHEREAS the parties have since resolved their differences and executed a Patent License and
Settlement Agreement that resolves all issues between them;
NOW, THEREFORE in accordance with the parties’ agreement, the parties stipulate and
respectfully request that the Court order, as follows:
1.

SRA’s claims in this action shall be DISMISSED in their entirety, WITH PREJUDICE,

including all claims that were or could have been asserted in this action;
2.

The Motion for Partial Award of Attorneys’ Fees Pursuant to 35 U.S.C. § 285 (Dkt. No.

235) shall be WITHDRAWN as moot and removed from the Court’s calendar;
3.

Other than the amount payable to Facebook pursuant to the Patent License and Settlement

Agreement, each party shall bear its own attorneys’ fees and costs; and
4.

This Court shall retain jurisdiction to enforce the terms of the Patent License and

Settlement Agreement.

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CASE NO. 4:12-CV-03970 HSG

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STIPULATION RE DISMISSAL

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DATED: November 18, 2020

Respectfully submitted,
/s/ Andrew G. DiNovo
Andrew G. DiNovo (admitted pro hac vice)
[e-mail]
DINOVO PRICE, LLP
7000 N. MoPac Expressway, Ste. 350
Austin, Texas 78731
Telephone: [phone]
Facsimile : [phone]

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ATTORNEYS FOR PLAINTIFF
SOFTWARE RIGHTS ARCHIVE, LLC

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DATED: November 18, 2020

Respectfully submitted,

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/s/ Heidi L. Keefe
COOLEY LLP
Heidi L. Keefe (178960)
[e-mail]
Mark R. Weinstein (193043)
[e-mail]
Lowell D. Mead (223989)
[e-mail]
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
FACEBOOK, INC.

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FILER’S ATTESTATION
I, Heidi L. Keefe, am the ECF user whose ID and password are being used to file this JOINT

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STIPULATION OF DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER THEREON. In

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compliance with Civil Local Rule 5.1(i)(3), I hereby attest that counsel for Plaintiff Software Rights

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Archive, LLC has concurred in this filing.

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/s/ Heidi Keefe
Heidi Keefe

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CASE NO. 4:12-CV-03970 HSG

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STIPULATION RE DISMISSAL

ORDER

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In accordance with the Joint Stipulation of Dismissal with Prejudice, and good cause appearing,
the Court hereby orders as follows:
1.

SRA’s claims in this action are hereby DISMISSED in their entirety, WITH

PREJUDICE, including all claims that were or could have been asserted in this action.
2.

The Motion for Partial Award of Attorneys’ Fees Pursuant to 35 U.S.C. § 285 (Dkt. No.

235) is hereby WITHDRAWN as moot and removed from the Court’s calendar.
3.

Other than the amount payable to Facebook pursuant to the Patent License and Settlement

Agreement, each party shall bear its own attorneys’ fees and costs.
4.

This Court shall retain jurisdiction to enforce the terms of the Patent License and

Settlement Agreement.

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IT IS SO ORDERED.

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Dated: 11/19/2020

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The Honorable Haywood S. Gilliam, Jr.

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CASE NO. 4:12-CV-03970 HSG

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STIPULATION RE DISMISSAL