Klausner Technologies Inc v. Verizon Wireless et al

Filing 128

Joint MOTION to Dismiss (Plaintiff Klausner Technologies, Inc. and Defendant Citrix Systems, Inc.'s Joint Motion to Dismiss) by Klausner Technologies Inc, Citrix Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION KLAUSNER TECHNOLOGIES, INC., a New York corporation, Plaintiff, vs. Verizon Wireless (Cellco Partnership d/b/a Verizon Wireless), a Delaware general partnership; Verizon Data Services LLC, a Delaware limited liability company; Bell Atlantic Communications, Inc., a Delaware corporation; Citrix Systems, Inc., a Delaware corporation; Comverse, Inc., a Delaware corporation; Cox Communications, Inc., a Delaware corporation; Embarq Communications, Inc., a Delaware corporation; Google Inc., a Delaware corporation; GrandCentral Communications, Inc., a Delaware corporation; LG Electronics Mobilecomm U.S.A., Inc., a California Corporation; PhoneFusion, Inc., a Delaware corporation; RingCentral, Inc., a California Corporation, Defendants. § § § § § § § § § § § § § § § § § § § § § § § §

C.A. No. 6:08-cv-341 (LED) (JURY TRIAL)

JOINT MOTION TO DISMISS NOW COMES the Plaintiff Klausner Technologies, Inc. and Defendant Citrix Systems, Inc., and respectfully move the Court to dismiss this cause of action between them, and in support thereof would respectfully show the Court as follows: All matters in controversy between Klausner Technologies, Inc. and Citrix Systems, Inc. have been settled and compromised, and these parties therefore jointly move to dismiss all causes of action asserted or which could have been asserted in this suit, with prejudice to the right to pursue any such claims in the future, provided, however, if Citrix is sued for infringement of the patents-in-suit ­ i.e. U.S. Patent Nos. 5,572,576 and 5,283, 818 ­ Citrix may

challenge infringement as well as the scope, ownership, inventorship, validity and unenforceability of the patents. These parties further move that all costs of court be assessed against the party who incurred them. WHEREFORE, PREMISES CONSIDERED, these parties jointly pray that this action be dismissed with prejudice between them, with all costs of court being assessed against the party who incurred them. Dated: March 12, 2009 By: /s/ Elizabeth L. DeRieux S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 Capshaw DeRieux, L.L.P. 1127 Judson Road, Suite 220 Longview, Texas 75601 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Gregory S. Dovel State Bar No. 135387 Sean A. Luner State Bar No. 165443 Dovel & Luner, LLP 201 Santa Monica Blvd., Suite 600 Telephone: [phone] Facsimile: 310-657-7069 Email: [e-mail] E-mail: [e-mail] ATTORNEYS FOR PLAINTIFF, KLAUSNER TECHNOLOGIES, INC. Respectfully submitted, By: /s/ Neil J. McNabnay (by permission ELD) Thomas M. Melsheimer E-mail: [e-mail] Texas Bar No. 13922550 Neil J. McNabnay Email: [e-mail] Texas Bar No. 24002583 Thomas H. Reger II E-mail: [e-mail] Texas Bar No. 24032992 Timothy K. Brown E-mail: [e-mail] Texas Bar No. 24043575 FISH & RICHARDSON P.C. 1717 Main Street, Suite 5000 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] COUNSEL FOR DEFENDANT, CITRIX SYSTEMS, INC.

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CERTIFICATE OF SERVICE I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 12th day of March, 2009, with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date. /s/ Elizabeth L. DeRieux

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