Intel Corporation v. Wi-Lan, Inc.

Filing 53

STIPULATION AND ORDER re 30 Stipulation. The Clerk SHALL terminate these parties from the docket., filed by Wi-Lan Technologies, Inc., Wi-Lan V-Chip Corp, Wi-Lan Technologies Corporation, Wi-Lan, Inc.. Signed by Judge James Ware on February 20, 2009. (jwlc1, COURT STAFF) (Filed on 2/20/2009) Modified text on 2/28/2009 (cv, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNIT ED

N

F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION INTEL CORPORATION, Plaintiff, v. WI-LAN INC., WI-LAN TECHNOLOGIES CORPORATION, WI-LAN TECHNOLOGIES INC., and WI-LAN V-CHIP CORP., Defendants. Case No. 5:08-cv-4555 JW (HRL) STIPULATION AND [PROPOSED] ORDER DISMISSING WI-LAN TECHNOLOGIES CORPORATION, WI-LAN TECHNOLOGIES INC., AND WI-LAN V-CHIP CORP.

Specially appearing defendants Wi-LAN Inc., Wi-LAN Technologies Corporation, Wi-LAN Technologies Inc. and Wi-LAN V-Chip Corporation and plaintiff Intel Corporation ("Intel"), by and through their respective counsel, hereby submit the following stipulation. RECITALS As disclosed in the attached Declaration of William Middleton Regarding Ownership of Patents In Suit, Defendants have represented to Intel that none of Wi-LAN Technologies Corporation, Wi-LAN Technologies Inc. and Wi-LAN V-Chip Corporation (collectively, the "Non-Owner Defendants") currently holds any interest in any of the patents-in-suit. Accordingly, none of the NonOwner Defendants presently needs to be a party to this matter in order that the Court can fully resolve
STIPULATION AND [PROPOSED] ORDER DISMISSING NON-OWNER DEFENDANTS Case No. 5:08-cv-4555

A

Specially appearing as attorney for Defendants WI-LAN INC. WI-LAN TECHNOLOGIES CORPORATION, WI-LAN TECHNOLOGIES INC. AND WI-LAN V-CHIP CORPORATION

ER

C

LI

FO

mes Wa Judge Ja

re

R NIA

TOWNSEND AND TOWNSEND AND CREW LLP A. JAMES ISBESTER (State Bar No. 129820) Two Embarcadero Center, 8th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: 415.576.0300 Email: [e-mail]

S

S DISTRICT TE C TA

O OR IT IS S

DERED

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

all issues now before it. By entering into this stipulation, Intel takes no position on the ownership of the patents-in-suit, and reserves all right and arguments on that issue and any transactions regarding the patents-in-suit. STIPULATION Therefore, the parties stipulate as follows: 1. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the Non-Owner

Defendants are each dismissed without prejudice, each party to bear its own costs.

Respectfully submitted, DATED: January 15, 2009 TOWNSEND AND TOWNSEND AND CREW LLP By: /s/ A. James Isbester

Attorney for Specially Appearing Defendants Wi-LAN Inc., WI-LAN Technologies Corporation, Wi-LAN Technologies Inc., and Wi-LAN V-Chip Corp.

KIRKLAND & ELLIS LLP By: /s/ Adam Alper

Attorneys for Plaintiff Intel Corporation

ORDER Upon the parties' stipulation, and good cause appearing therefor, IT IS SO ORDERED. The Clerk shall terminate these parties from the docket. DATED: February___, 2009 January 20, By: Honorable James Ware United States District Court Judge

STIPULATION AND [PROPOSED] ORDER DISMISSING NON-OWNER DEFENDANTS Case No. 5:08-cv-4555

2