Aloft Media, LLC v. Yahoo! Inc. et al

Filing 81

Joint MOTION to Dismiss by Aloft Media, LLC, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, vs. YAHOO!, INC., ET AL. Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 6:08-CV-509 JOINT MOTION TO DISMISS Pursuant to Federal Rule of Civil Procedure 41(a)(2) and the settlement agreement reached between them, Aloft Media LLC ("Aloft") and Yahoo! Inc. ("Yahoo!") jointly move to dismiss all claims by Aloft against Yahoo! with prejudice, and all claims by Yahoo! against Aloft without prejudice, with each party bearing its own costs and fees. Nothing in this dismissal shall be construed as a license, release, or discharge of, any claim Aloft has or may have in the future against any other Defendant named in this action or any other asserted infringer of the patent-in-suit. All such rights have been, and are, expressly reserved. Dated this 12th day of August, 2009. Respectfully submitted, ALOFT MEDIA LLC By its Attorneys 1 Eric M. Albritton Texas State Bar No. 00790215 Adam A. Biggs Texas State Bar No. 24051753 Matthew C. Harris Texas State Bar No. 24059904 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 (903) 757-8449 (phone) (903) 758-7397 (fax) Attorneys for Plaintiff Aloft Media, LLC YAHOO! INC. By its Attorneys /s/ Michael A. Jacobs (by permission Otis Carroll) Michael A. Jacobs ( Lead Attorney Brooks Beard ( MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105 Tel: (415) 268-7000 Fax: (415) 268-7522 Otis Carroll State Bar No. 03895700 Deborah Race State Bar No. 16448700 IRELAND, CARROLL & KELLEY, PC 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: (903) 561-1600 Fax: (903) 581-1071 2 Attorneys for Defendant Yahoo!, Inc. CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion 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) and (e), 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 email and/or fax, on this the 12th day of August, 2009 ______________________________ Eric M. Albritton 3

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