Xerox Corporation v. Google Inc. et al

Filing 211

STIPULATION of Dismissal of Right Media Inc. and Right Media LLC by Right Media Inc., Right Media LLC, Xerox Corporation. (Noreika, Maryellen)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
XEROX CORPORATION,
Plaintiff,
v.
GOOGLE INC., YAHOO! INC., RIGHT
MEDIA INC., RIGHT MEDIA LLC,
YOUTUBE, INC. and YOUTUBE, LLC,
Defendants.

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C.A. No. 10-136 (LPS)

STIPULATION AND ORDER FOR DISMISSAL OF DEFENDANTS RIGHT
MEDIA INC. AND RIGHT MEDIA LLC
WHEREAS, in its March 29, 2010 Amended Complaint, plaintiff Xerox
Corporation (“Xerox”) asserted as its only cause of action against defendants Right
Media Inc. and Right Media LLC (collectively, “Right Media”) a claim for infringement
of U.S. Patent No. 6,778,979 (“the ‘979 Patent”) (D.I. 19, Count 5);
WHEREAS Right Media LLC, acting on its own behalf and as successor in
interest to Right Media Inc., responded to the allegation of infringement and asserted
counterclaims and defenses relating to the ‘979 Patent (D.I. 30);
WHEREAS Xerox has agreed to the dismissal with prejudice of its cause of
action against Right Media;
WHEREAS Right Media has agreed to the dismissal with prejudice of its
counterclaims, subject to Xerox’s and Right Media’s understanding and agreement that
such dismissal shall not preclude Right Media from asserting in the future the same or
similar counterclaims and related defenses against anyone who in the future alleges
infringement by Right Media of the ‘979 Patent;

THEREFORE, IT IS HEREBY STIPULATED that:
(1) Xerox’s claims against Right Media LLC and Right Media Inc. are hereby
dismissed with prejudice from this action;
(2) Right Media’s counterclaims are hereby dismissed with prejudice;
(3) Right Media shall not be precluded by this stipulated dismissal from asserting
in the future the same or similar counterclaims and related defenses against anyone who
in the future alleges infringement by Right Media of the ‘979 Patent;
(4) The caption shall be amended in all subsequent pleadings to reflect this
dismissal.
ASHBY & GEDDES
By:

MORRIS, NICHOLS, ARSHT &
TUNNELL LLP

/s/ John G. Day

By: /s/ Maryellen Noreika
Jack B. Blumenfeld (#1014)
Maryellen Noreika (#3208)
Jeremy A. Tigan (#5239)
1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899
[phone]
[e-mail]
[e-mail]
[e-mail]

Lawrence C. Ashby (#468)
John G. Day (#2403)
Lauren E. Maguire (#4261)
500 Delaware Avenue, 8th Floor
Wilmington, DE 19899
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Xerox
Corporation

Attorneys For Defendant Right
Media LLC

IT IS SO ORDERED this ___ day of June, 2011

___________________________________
United States District Judge
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