Seagate Technology, LLC et al v. STEC, Inc

Filing 113

STIPULATION AND ORDER of Dismissal with Prejudice re 109 Stipulation filed by STEC, Inc. The Court terminates any remaining pending deadlines, hearings and motions. The Clerk shall close this file. Motions terminated: 111 SEALED MOTION filed by STEC, Inc. Signed by Judge James Ware on 3/4/2009. (ecg, COURT STAFF) (Filed on 3/4/2009)

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ROBERT T. HASLAM (CA Bar No. 71134) ([e-mail]) COVINGTON & BURLING LLP 333 Twin Dolphin Drive, Suite 700 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and Counterclaim-Defendants Seagate Technology LLC, Seagate Technology International, Seagate Singapore International Headquarters Pte. Ltd., and Maxtor Corp. MARK D. SELWYN (CA Bar No. 244180) ([e-mail]) WILMER CUTLER PICKERING HALE AND DORR LLP 1117 California Avenue Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaim-Plaintiff STEC, Inc. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SEAGATE TECHNOLOGY LLC, a Delaware limited liability company; SEAGATE TECHNOLOGY INTERNATIONAL, a Cayman Islands company; SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE. LTD., a Singapore corporation; and MAXTOR CORPORATION, a Delaware corporation, Plaintiffs and CounterclaimDefendants, vs. STEC, INC., a California Corporation, Defendant and CounterclaimPlaintiff. AND RELATED COUNTERCLAIMS CASE NO. 5:08-CV-01950 JW (HRL) STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND [PROPOSED] ORDER

STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND [PROPOSED] ORDER

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CASE NO. 5:08-CV-01950 JW (HRL)

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Plaintiff and Counterclaim-Defendants Seagate Technology LLC, Seagate Technology International, Seagate Singapore International Headquarters Pte. Ltd., and Maxtor Corp. (collectively "Seagate"), and Defendant and Counterclaim-Plaintiff STEC, Inc. ("STEC") hereby stipulate through their respective counsel of record as follows: WHEREAS, on April 14, 2008, Seagate filed its Complaint For Patent Infringement (Demand For Jury Trial) against STEC that, as amended, alleges infringement of U.S. Patent Nos. 7,042,664; 5,261,058; 6,336,174; 6,849,480; and 6,404,647 (collectively, the "Patents-In-Suit"); and WHEREAS, on May 15, 2008, STEC filed its Answer To First Amended Complaint For Patent Infringement And Counterclaims that, as amended, denies Seagate's infringement allegations and asserts counterclaims for non-infringement, invalidity, and unenforceability of the Patents-InSuit; and WHEREAS, on June 25, 2008, Seagate filed its Answer Of Counterclaim Defendants Seagate Technology LLC, Seagate Technology International, Seagate Singapore International Headquarters Pte. Ltd., And Maxtor Corporation To First Amended Counterclaims Of STEC, Inc. denying STEC's counterclaims; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Seagate and STEC that the entire action, including all claims and counterclaims, shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41. Each party shall bear its own costs and fees. IT IS SO STIPULATED.

STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND [PROPOSED] ORDER

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CASE NO. 5:08-CV-01950 JW (HRL)

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Dated: February 18, 2009

COVINGTON & BURLING LLP By: _/s/_Robert T. Haslam________________ Robert T. Haslam Attorneys for Plaintiffs and CounterclaimDefendants Seagate Technology LLC, Seagate Technology International, Seagate Singapore International Headquarters Pte. Ltd., and Maxtor Corp.

WILMER CUTLER PICKERING HALE AND DORR LLP By: _/s/_Mark D. Selwyn__________________ Mark D. Selwyn Attorneys for Defendant and CounterclaimPlaintiff STEC, Inc.

STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND [PROPOSED] ORDER

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CASE NO. 5:08-CV-01950 JW (HRL)

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[PROPOSED] ORDER Pursuant to Federal Rule of Civil Procedure 41 and the stipulation of the parties of record in this action, it is hereby ORDERED that the entire action (including all claims and counterclaims) is dismissed with prejudice. Each party shall bear its own costs and fees. PURSUANT TO STIPULATION IT IS SO ORDERED.
Docket Items No. 107 and 108 are found as MOOT. The Court terminates any remaining pending deadlines, hearings and motions. The Clerk shall close this file. Dated: March19 2009 4, February ____, 2009

_______________________________________ Honorable James Ware United States District Judge

STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND [PROPOSED] ORDER

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CASE NO. 5:08-CV-01950 JW (HRL)