Alacritech Inc. v. CenturyLink, Inc.

Filing 892

ORDER granting 846 Stipulation. Court ACCEPTS AND ACKNOWLEDGES that all claims and causes of action asserted between Alacritech and Cavium, including claims involving Cavium products against Wistron and Dell, in member cases 2:16-cv- 00692, 2:16- cv- 00695 are DISMISSED WITH PREJUDICE. In light of this Order, and the joint notice filed by the parties, Dkt. Nos. 609, 636, 637 & 639 are DENIED AS MOOT. All other pending requests for relief between Cavium, Alacritech, and Wistron in the above- captioned case not explicitly granted herein are DENIED AS MOOT. The Clerk of Court is directed to MAINTAIN AS OPEN the above-captioned case and member cases 2:16-cv-00692, 2:16-cv-00695.. Signed by Magistrate Judge Roy S. Payne on 10/13/2023. (ch, )

Case 2:16-cv-00693-RWS-RSP Document 892 Filed 10/13/23 Page 1 of 2 PageID #: 59086

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ALACRITECH INC.,
Plaintiff,
v.
CENTURYLINK, INC. et al,
Defendants.

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CIVIL ACTION NO. 2:16-CV-00693-RWS-RSP
(LEAD CASE)

ORDER
Before the Court is the Joint Stipulation of Dismissal filed by Plaintiff Alacritech Inc. and
Intervenor Cavium, LLC. (Dkt. No. 846.) In the Stipulation, the parties represent that claims
and counterclaims have been resolved between the indicated parties. (Id. at 1.) The parties
request dismissal WITH prejudice of the claims and counterclaims between Alacritech and
Cavium in member cases 2:16-cv-00692 and 2:16-cv-00695. (Id. at 1.)
Additionally, the parties represent that all claims brought by Alacritech against
Wistron Corp., SMS Infocomm Corp, and Wiwynn Corp. (collectively, “Wistron”) for products
that are or incorporate products from Cavium or its affiliates have been resolved, and request
dismissal WITH prejudice for these claims in member case 2:16-cv-00692. (Id.)
Finally, the parties represent that all claims brought by Alacritech against Dell Inc.
for products that are or incorporate products from Cavium or its Affiliates have been resolved
and request dismissal WITH prejudice for these claims in member case 2:16-cv-00695. (Id. at 2.)
Having considered the Stipulation, the Court ACCEPTS AND ACKNOWLEDGES that
all claims and causes of action asserted between Alacritech and Cavium, including claims

Case 2:16-cv-00693-RWS-RSP Document 892 Filed 10/13/23 Page 2 of 2 PageID #: 59087

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involving Cavium products against Wistron and Dell, in member cases 2:16-cv-00692, 2:16-cv-

00695 are DISMISSED WITH PREJUDICE.
Each party is to bear its own costs, expenses, and attorneys’ fees. In light of this Order, and
the joint notice filed by the parties, Dkt. Nos. 609, 636, 637 & 639 are DENIED AS MOOT. All
other pending requests for relief between Cavium, Alacritech, and Wistron in the above-captioned
case not explicitly granted herein are DENIED AS MOOT.
The Clerk of Court is directed to MAINTAIN AS OPEN the above-captioned case and
member cases 2:16-cv-00692, 2:16-cv-00695.
SIGNED this 3rd day of January, 2012.
SIGNED this 13th day of October, 2023.

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ROY S. PAYNE
UNITED STATES MAGISTRATE JUDGE