Intersil Corporation et al v. Technology Licensing Corporation et al

Filing 62

STIPULATION AND ORDER OF DISMISSAL OF ACTION WITH PREJUDICE. Signed by Judge Richard Seeborg on 10/25/10. (cl, COURT STAFF) (Filed on 10/25/2010)

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Intersil Corporation et al v. Technology Licensing Corporation et al Doc. 62 *E-Filed 10/25/10* 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 STIPULATION OF DISMISSAL OF ACTION AND [PROPOSED] ORDER Case No. 5:09-cv-02386 RS Gregory L. Lippetz (State Bar No. 154228) glippetz@jonesday.com Laurie M. Charrington (State Bar No. 229679) lmcharrington@jonesday.com JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 Attorneys for Plaintiffs INTERSIL CORPORATION and ELANTEC SEMICONDUCTOR, INC. Attorneys for Third-Party Defendant ROSS VIDEO LTD. Martin L. Fineman (State Bar No. 104413) martinfineman@dwt.com DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, CA 94111-6533 Telephone: (415) 276-6575 Facsimile: (415) 276-6599 Raymond P. Niro, Member of Northern District of California Bar rniro@nshn.com Arthur A. Gasey (Pro Hac Vice) gasey@nshn.com Paul C. Gibbons(Pro Hac Vice) gibbons@nshn.com Kara L. Szpondowski (Pro Hac Vice) szpondowski@nshn.com NIRO, HALLER & NIRO 181 West Madison, Suite 4600 Chicago, IL 60602 Telephone: (312) 236-0733 Facsimile: (312) 236-3137 Attorneys for Defendants and Third-Party Plaintiff TECHNOLOGY LICENSING CORPORATION, PIXEL INSTRUMENTS CORPORATION and J. CARL COOPER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION INTERSIL CORPORATION, AND ELANTEC SEMICONDUCTOR, INC., Plaintiffs, v. TECHNOLOGY LICENSING CORPORATION, PIXEL INSTRUMENTS CORPORATION, AND J. CARL COOPER, Defendants. CASE No. 5:09-cv-02386 RS STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE AND [PROPOSED] ORDER Dockets.Justia.com 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 TECHNOLOGY LICENSING CORPORATION, Third-Party Plaintiff, v. ROSS VIDEO LTD., Third-Party Defendant. AND RELATED COUNTERCLAIMS WHEREAS, Plaintiffs Intersil Corporation and Elantec Semiconductor, Inc. (referred to collectively as "Intersil") and Defendants Technology Licensing Corporation ("TLC"), Pixel Instruments Corporation ("Pixel"), and J. Carl Cooper ("Cooper"), have entered into a confidential Settlement Agreement effective as of October 15, 2010; NOW, THEREFORE, pursuant to the settlement agreement of the parties, it is hereby stipulated as follows: 1. All claims, counterclaims, and affirmative defenses in the present action between Plaintiffs and Defendants are dismissed in their entirety with prejudice. 2. All third-party claims and related defenses brought or raised by TLC against Ross Video, as they relate to Ross Video's use of Plaintiffs' products, are dismissed in their entirety with prejudice. TLC's claims against Ross Video continue for Ross Video's purchase, use, sale, or inclusion of non-Intersil products into Ross Video's products. No license is given and Ross Video receives no benefit of a license for its purchase, use, sale, or inclusion of non-Intersil products into Ross Video's products. 3. The Court shall retain jurisdiction to enforce this Stipulation and the terms of the Settlement Agreement. 4. Each party shall bear its own attorney's fees, expenses, and costs. -2- STIPULATION OF DISMISSAL OF ACTION AND [PROPOSED] ORDER Case No. 5:09-cv-02386 RS 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 SO STIPULATED: Dated: October 21, 2010 JONES DAY By: /s/ Laurie M. Charrington Laurie M. Charrington Attorneys for Plaintiffs INTERSIL CORP. and ELANTEC SEMICONDUCTOR, INC. Attorneys for Third-Party Defendant ROSS VIDEO LTD. Dated: October 21, 2010 NIRO, HALLER & NIRO By: /s/ Paul C. Gibbons Paul C. Gibbons Attorneys for Defendants and Third-Party Plaintiff TECHNOLOGY LICENSING CORPORATION, PIXEL INSTRUMENTS CORPORATION and J. CARL COOPER In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. Dated: October 21, 2010 NIRO, HALLER & NIRO By: /s/ Paul C. Gibbons Paul C. Gibbons Attorneys for Defendants and Third-Party Plaintiff TECHNOLOGY LICENSING CORPORATION, PIXEL INSTRUMENTS CORPORATION and J. CARL COOPER -3- STIPULATION OF DISMISSAL OF ACTION AND [PROPOSED] ORDER Case No. 5:09-cv-02386 RS 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 IT IS SO ORDERED. 25 Dated: October ___, 2010 By: Honorable Richard Seeborg United States District Judge Northern District of California SVI-85632v3 -4- STIPULATION OF DISMISSAL OF ACTION AND [PROPOSED] ORDER Case No. 5:09-cv-02386 RS

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