TiVo, Inc. v. Forgent Networks, Inc.

Filing 5

TiVo, Inc. v. Forgent Networks, Inc.

Doc. 5

Case 5:07-cv-02629-HRL

Document 5

Filed 07/18/2007

Page 1 of 3

IRELL & MANELLA LLP Morgan Chu (70446) ([e-mail]) 2 Perry M. Goldberg (168976) ([e-mail]) Adam Hoffman (218740) ([e-mail]) 3 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 4 (3 10) 277-1 010 (phone) [phone] (fax) 5
6 Attorneys for Plaintiff TiVo Inc. 7 8 9 10 11 12 13 TIVO INC., 14 15 16 v-

1

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

a Delaware corporation, Plaintiff,

17 FORGENT NETWORKS, INC. 18 19 20 21 22 23

a Texas corporation, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) )

CaseNo. 5-.07-CV-2629 NOTICE OF VOLUNTARY DISMISSAL AND AGREED CONDITIONS

Pursuant to Rule 41(a)(l) of the Federal Rules of Civil Procedure, Plaintiff TiVo Inc.

24 ("TiVo") hereby dismisses without prejudice the above-captioned action against Forgent 25 Networks, Inc. ("Forgent") as set forth herein. 26

The foregoing dismissal without prejudice is expressly made subject to the following

27 conditions, to which Forgent has agreed: (1) in the event that Forgent intends to assert any claim 28 relating to U.S. Patent No. 6,285,746 Bl (the "'746 Patent"), entitled "Computer Controlled Video
IRELL & MANELLA LLP A Registered Limited Liability Law Partnership Including

Professional Corporations

1715500

- 1-

NOTICE OF DISMISSAL AND AGREED CONDITIONS

Dockets.Justia.com

Case 5:07-cv-02629-HRL

Document 5

Filed 07/18/2007

Page 2 of 3

1

Systems Allowing Playback During Recording," including any claim that may be contained in any

2 reexamination certificate or related patent, Forgent agrees to provide TiVo with at least thirty (30) 3 days written notice such that TiVo may file a complaint for declaratory judgment (or other 4 appropriate relief) in this Court or the forum of TiVo's choice; (2) the foregoing dismissal is 5 without prejudice to either party's rights in any such subsequent lawsuit, including without 6 limitation the right to contest jurisdiction or raise any claims or defenses; and (3) TiVo shall not be 7 deemed "a plaintiff who has once dismissed" an action for purposes of Rule 41(a)(l). 8
Forgent has agreed to the foregoing conditions set forth herein, as indicated by the

9 signature of Forgent's counsel below.
10 Dated: Jufp|£ 2007 11 12 13 14 15 16 17 18 19 ACKNOWLEDGED AND AGREED, 20 Forgent Networks: 21 22 23 24 25 26 27 28
IRELL & MANELLA LLP A Registered Limited Liability Law Partnership Including Professional Corporations

Respectfully submitted, IRELL & MANELLA LLP

fc^MU^
<£i

^^^

Morgan^hu^ Perry M. Goldberg Adam Hoffman 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067 Tel: [phone] Attorneys For TiVo Inc.

on behalf of and with authority from

4M<A*~-^

Fred Hagans Hagans, Burdine, Montgomery, Rustay & Winchester 3200 Travis, Fourth Floor Houston, Texas 77006 Tel: [phone] Attorneys For Forgent Networks

1715500

-2-

NOTICE OF DISMISSAL AND AGREED CONDITIONS

Case 5:07-cv-02629-HRL

Document 5

Filed 07/18/2007

Page 3 of 3

PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 1800 Avenue of the Stars, Suite 900, Los Angeles, California 90067-4276. On July 18, 2007,1 served the foregoing document described as Notice of Voluntary Dismissal and Agreed Conditions on each interested party, as follows:
6

Fred Hagans, Esq. Hagans Burdine Montgomery Rustay & Winchester 3200 Travis, Fourth Floor Houston, TX 77006
_

8,, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(BY MAIL) I placed a true copy of the foregoing document in a sealed envelope addressed to each interested party, as set forth above. I placed each such envelope, with postage thereon fully prepaid, for collection and mailing at Irell & Manella LLP, Los Angeles, California. I am readily familiar with Irell & Manella LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. Under that practice, the correspondence would be deposited in the United States Postal Service on that same day in the ordinary course of business. Executed on July 18, 2007, at Los Angeles, California. I declare under penalty of perjury that the foregoing is true and correct.

Vickie E. Holb (Type or print name)

^Signature)

1725495