Certicom Corporation et al v. Sony Corporation et al

Filing 112

STIPULATION of Dismissal Without Prejudice by Sony Computer Entertainment Inc., Sony Computer Entertainment America Inc., Sony Pictures Entertainment Inc., Sony Electronics Inc., Sony DADC US Inc., Certicom Corporation, Certicom Patent Holding Corporation, Sony Corporation, Sony Corporation of America. (Attachments: # 1 Text of Proposed Order)(Wilcox, Melvin)

Certicom Corporation et al v. Sony Corporation et al

Doc. 112

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION CERTICOM CORP. and CERTICOM PATENT HOLDING CORP., Plaint iff, v. SONY CORPORATION, SONY CORPORATION OF AMERICA, SONY COMPUTER ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA INC., SONY PICTURES ENTERTAINMENT INC., SONY ELECTRONICS INC. and SONY DADC US INC., Defendants. Civil Action No. 2-07-CV-216(TJW) JURY

STIPULATED MOTION TO DISMISS WITHOUT PREJUDICE Plaint iffs Certicom Corp. and Certicom Patent Holding Corp. (collectively "Certicom") and Defendants Sony Corporation, Sony Corporation of America, Sony Computer Entertainment Inc., Sony Computer Entertainment America Inc., Sony Pictures Entertainment Inc., Sony Electronics Inc. and Sony DADC US Inc. (collectively, "Sony") respectfully move the Court to dismiss without prejudice all claims and counterclaims between them, and in support thereof would respectfully show the Court as follows: Whereas Certicom and Sony have entered into a settlement agreement pursuant to which they have agreed to a dismissal without prejudice, these parties therefore jointly move to dismiss all claims and counterclaims asserted in this suit, without prejudice to the right to pursue any such claims and counterclaims in the future. These parties further move that all costs of court

and attorneys fees be borne by the party who incurred them. WHEREFORE, PREMISES CONSIDERED, these parties jointly pray that this action

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be dismissed without prejudice, with all costs of court and attorneys fees to be borne by the party who incurred them. Dated: May 26, 2009 Respect fully submitted,

By: /s/ Carl R. Roth by permission Melvin R. Wilcox, III Carl R. Roth Texas Bar No. 17132000 The Roth Law Firm 115 N. Wellington, Suite 200 Marshall, Texas 75670 Tel: [phone] Fax: [phone] Email : [e-mail] m Attorney for Plaintiffs

By: /s/ Melvin R. Wilcox, III Melvin R. Wilcox, III Texas Bar No. 21454800 Yarbrough Wilcox, PLLC 100 E. Ferguson, Suite 1015 Tyler, TX 75702 Tel: [phone] Fax: [phone] Email: [e-mail] m Attorney for Defendants

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to FED. R. CIV. P. 5(d) and Local Rule CV-5(d), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by facsimile, electronic mail, and/or first class mail, on May 26, 2009.

/s/ Melvin R. Wilcox, III MELVIN R. WILCOX, III