Performance Pricing, Inc. v. Google Inc. et al

Filing 149

MOTION to Dismiss (Stipulated Motion For Dismissal With Prejudice As To A9.com) by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order of Dismissal with Prejudice as to A9.com)(Cho, Christin)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PERFORMANCE PRICING, INC., Plaintiff, v. GOOGLE INC., AOL LLC, MICROSOFT CORPORATION, YAHOO! INC., IAC SEARCH & MEDIA, INC., and A9.COM, INC., Defendants. ORDER OF DISMISSAL WITH PREJUDICE AS TO A9.COM CAME ON THIS DAY for consideration of the Stipulated Motion for Dismissal With Prejudice of all claims and counterclaims asserted between plaintiff, Performance Pricing, Inc., and defendant, A9.com, Inc., in this case, and the Court being of the opinion that said motion should be GRANTED, it is hereby ORDERED, ADJUDGED AND DECREED that all claims and counterclaims asserted in this suit between plaintiff, Performance Pricing, Inc., and defendant, A9.com, Inc., are hereby dismissed with prejudice, subject to the terms of that certain agreement entitled "PATENT LICENSE AND SETTLEMENT AGREEMENT" and dated November 13, 2008, and with the Court to retain jurisdiction to enforce or construe the agreement. It is further ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them. Case No. 2:07-cv-432 (LED) JURY TRIAL DEMANDED