Sharing Sound, LLC v. Apple, Inc. et al

Filing 67

AMENDED NOTICE of Voluntary Dismissal by Sharing Sound, LLC (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew) Modified on 9/9/2010 (sm, ).

Sharing Sound, LLC v. Apple, Inc. et al

Doc. 67

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SHARING SOUND, LLC, Plaintiff, v. APPLE, INC., SONY ERICSSON MOBILE COMMUNICATIONS AB, SONY ERICSSON MOBILE COMMUNICATIONS INC., SONY CORPORATION OF AMERICA, SONY ELECTRONICS, INC., SONY COMPUTER ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA, INC., SONY CORPORATION, RHAPSODY INTERNATIONAL, INC., NAPSTER, L.L.C. BRILLIANT DIGITAL ENTERTAINMENT, INC., MICROSOFT CORPORATION, Defendants. AMENDED NOTICE OF DISMISSAL Plaintiff, Sharing Sound, LLC ("Sharing Sound") and Defendant Napster, L.L.C. ("Napster") have resolved the claims asserted between them. Napster has not yet filed either an answer or a motion for summary judgment. Accordingly, pursuant to Federal Rule of Civil Procedure 41(a), Sharing Sound hereby dismisses with prejudice all claims under the Licensed Patents to the extent they concern the use by or through Napster of any past, present, or future technology, software, product, equipment, or service that is provided by or for Microsoft Corp. The Licensed Patents means U.S. Patent Nos. 6,247,130 and 6,233,682 and any reissue, extension, continuation, continuation-in-part, divisional, reexamination, or foreign counterpart of

Case No. 2:10-cv-162 JURY TRIAL DEMANDED

NY-812206 v1

Dockets.Justia.com

either of them, and any patent that includes as part of its priority claim or list of related applications any of the foregoing. The dismissal of Napster is without prejudice with respect to any other technology, software, product, equipment, or service. Each party will bear its own costs and attorneys' fees. Dated: September 8, 2010 /s/ Andrew W. Spangler Andrew W. Spangler Texas State Bar No. 24041960 Todd Y. Brandt Texas State Bar No. 24027051 Spangler Law, PC 208 N Green St., #300 Longview, TX 75601-7312 Telephone: [phone] Gregory P. Love State Bar No. 24013060 Scott E. Stevens State Bar No. 00792024 Darrell G. Dotson State Bar No. 24002010 STEVENS LOVE P.O. Box 3427 Longview, Texas 75606 Telephone: (903) 753­6760 Facsimile: (903) 753­6761 [e-mail] [e-mail] [e-mail] Attorneys for Sharing Sound, LLC

-2-

CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served today with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3).

September 8, 2010

s/ Andrew W. Spangler Andrew W. Spangler

-3-