Vantage Point Technology, Inc. v. Microsoft Corporation

Filing 35

ORDER GRANTING 33 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Dismiss with Proposed Order filed by Vantage Point Technology, Inc. The Clerk shall close this file. Signed by Judge Edward J. Davila on 3/18/2015. (ecg, COURT STAFF) (Filed on 3/18/2015)(Correction of 34 Order on Stipulation)

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PAUL V. STORM
[e-mail]
SARAH M. PAXSON
[e-mail]
GARDERE WYNNE SEWELL LLP
1601 Elm Street, Suite 3000
Dallas, Texas 75201
[phone] Telephone
[phone] Fax
Attorneys for Plaintiff
Vantage Point Technology, Inc.

ERIC S. WALTERS (State Bar No. 151933)
[e-mail]
ERICA D. WILSON (State Bar No. 161386)
[e-mail]
JOHN FREED (State Bar No. 261518)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant Microsoft
Corporation

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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VANTAGE POINT TECHNOLOGY, INC.
Plaintiff,

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Case No. 5:14-cv-04924-EJD
JOINT STIPULATION TO DISMISS

v.
MICROSOFT CORPORATION,
Defendant.

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WHEREAS, Plaintiff Vantage Point Technology, Inc. and Defendant Microsoft Corporation have

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resolved Plaintiff’s claims for relief against Defendant and Defendant’s counterclaims for relief against

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Plaintiff asserted in this case.

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NOW, THEREFORE, Plaintiff and Defendant, through their attorneys of record, request this
Court to dismiss Plaintiff’s claims for relief against Defendant with prejudice and Defendant’s claims,
defenses or counterclaims for relief against Plaintiff without prejudice, and with all attorneys’ fees, costs
of court and expenses borne by the party incurring same.

IT IS SO STIPULATED.

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March 16, 2015

Respectfully submitted,

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/s/ Paul V. Storm
Paul V. Storm
Texas State Bar No. 19325350
Sarah M. Paxson
Texas State Bar No. 24032826
GARDERE WYNNE SEWELL LLP
1601 Elm Street, Suite 3000
Dallas, Texas 75201
[phone]
[e-mail]
[e-mail]

/s/ Eric S. Walters
ERIC S. WALTERS (State Bar No. 151933)
[e-mail]
ERICA D. WILSON (State Bar No. 161386)
[e-mail]
JOHN FREED (State Bar No. 261518)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone: [phone]
Fax: [phone]

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Attorneys for Vantage Point Technology, Inc.

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Attorneys for Defendant Microsoft
Corporation

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CERTIFICATE OF SERVICE

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A true and correct copy of the foregoing document was served via CM/ECF on counsel
of record on March 16, 2015.
/s/ Paul V. Storm

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FILER’S ATTESTATION

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I, Paul V. Storm, am the ECF User whose ID and password are being used to file this
JOINT STIPULATION TO DISMISS. Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest
that counsel whose e-signature appears on the foregoing pages have concurred with this filing.

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/s/ Paul V. Storm

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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VANTAGE POINT TECHNOLOGY, INC.

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Case No. 5:14-cv-04924-EJD

Plaintiff,

[PROPOSED] ORDER

v.
MICROSOFT CORPORATION,
Defendant.

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ORDER OF DISMISSAL
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On this day, Plaintiff Vantage Point Technology, Inc. and Defendant Microsoft Corporation

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announced to the Court that they have resolved Plaintiff’s claims for relief against Defendant asserted in

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this case and Defendant’s claims, defenses and/or counterclaims for relief against Plaintiff asserted in this

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case. Plaintiff and Defendant have therefore requested that the Court dismiss Plaintiff’s claims for relief
against Defendant with prejudice and Defendant’s claims, defenses and/or counterclaims for relief against
Plaintiff without prejudice, and with all attorneys’ fees, costs and expenses taxed against the party
incurring same. The Court, having considered this request, is of the opinion that their request for
dismissal should be granted.
IT IS THEREFORE ORDERED that Plaintiff’s claims for relief against Defendant are dismissed

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with prejudice and Defendant’s claims, defenses and/or counterclaims for relief against Plaintiff are

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dismissed without prejudice. IT IS FURTHER ORDERED that all attorneys’ fees, costs of court and

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expenses shall be borne by each party incurring the same.

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The Clerk shall close this file.
3/18/2015
Dated:_________________

_____________________________________________
HONORABLE UNITED STATES DISTRICT JUDGE

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