Microsoft Corporation v. TiVo, Inc.

Filing 113

Order by Hon. Lucy H. Koh granting 112 Stipulation.(lhklc1, COURT STAFF) (Filed on 3/22/2012)

Case5:10-cv-00240-LHK Document112 Filed03/21/12 Page1 of 3

1 PERKINS COIE LLP
Chad S. Campbell (SBN 258723)
2 [e-mail]
2901 North Central Avenue, Suite 2000
3 Phoenix, AZ 85012-2788
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiff Microsoft
Corporation
6
IRELL & MANELLA LLP
7 Andrei Iancu (SBN 184973)
[e-mail]
8 Samuel Lu (SBN 171969)
[e-mail]
9 Joseph Lipner (SBN 155735)
[e-mail]
10 1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067-4276
11 Telephone: [phone]
Facsimile: [phone]
12
Attorneys for Defendant TiVo Inc.
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN JOSE DIVISION

17
MICROSOFT CORPORATION,
18
Plaintiff,
19
vs.
20
TIVO INC.,
21
Defendant.
22
23 TIVO INC.,
24

Counterclaim Plaintiff,
v.

25
MICROSOFT CORPORATION,
26
Counterclaim Defendant.
27
28
IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

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

Case No. 5:10-CV-00240-LHK
JOINT STIPULATION REGARDING
DISMISSAL WITHOUT PREJUDICE OF
ALL CLAIMS

Case5:10-cv-00240-LHK Document112 Filed03/21/12 Page2 of 3

1

Microsoft Corporation ("Microsoft") and TiVo Inc. ("TiVo") (collectively, the "Parties"),

2 by and through their respective counsel of record, hereby stipulate and agree as follows:
3

This Stipulation of Dismissal is made pursuant to Rule 41 of the Federal Rules of Civil

4 Procedure and agreements between the Parties.
5

WHEREAS, Microsoft filed the above-captioned action (the "Action") asserting claims

6 against TiVo for alleged infringement of U.S. Patent Nos. 6,008,803, 6,055,314, 5,654,748,
7 5,677,708, 5,896,444, 6,725,281, and 5,648,824 (the "Microsoft Patents-In-Suit");
8

WHEREAS, TiVo filed counterclaims in the Action for declaratory judgments of

9 invalidity and non-infringement of each of the Microsoft Patents-In-Suit, as well as for alleged
10 infringement of U.S. Patent No. 6,792,195;
11

WHEREAS, the Parties have agreed that they will dismiss without prejudice all of their

12 claims and counterclaims in the Action.
13

In light of the foregoing, IT IS HEREBY STIPULATED THAT:

14

1.

All of Microsoft's claims asserted against TiVo in the Action are dismissed without

15 prejudice.
16
17
18

[Remainder of page intentionally left blank]

19
20
21
22
23
24
25
26
27
28
IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

-1-

Case5:10-cv-00240-LHK Document112 Filed03/21/12 Page3 of 3

1

2.

All of TiVo's claims and counterclaims asserted against Microsoft in the Action are

2 dismissed without prejudice.
3

3.

The Parties shall each bear their own costs and attorneys' fees in the Action.

4

4.

The Clerk shall close the file.

5

IT IS SO STIPULATED AND AGREED.

6

Dated: March 21, 2012

IRELL & MANELLA LLP
By: /s/ Joseph Lipner
Joseph Lipner
Attorneys for Defendant TiVo Inc.

Dated: March 21, 2012

PERKINS COIE LLP

7
8
9
10

By: /s/ Chad Campbell
Chad Campbell
Attorneys for Plaintiff Microsoft Corporation

11
12
13
14

PURSUANT TO STIPULATION, IT IS SO ORDERED

15
16

March 22
Dated: ___________, 2012

By:
The Honorable Lucy H. Koh
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

-2-