Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1346

Joint MOTION to Dismiss by Eolas Technologies Incorporated, The Go Daddy Group, Inc., The Regents of the University of California. (Attachments: # 1 Text of Proposed Order)(McNabnay, Neil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION Eolas Technologies Incorporated et al., Plaintiffs, v. Adobe Systems Inc. et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. 6:09-cv-00446-LED (filed Oct. 6, 2009) JOINT MOTION TO DISMISS Plaintiffs Eolas Technologies Incorporated (“Eolas”) and The Regents of the University of California (“The Regents”) on the one hand, and Defendant, The Go Daddy Group, Inc. (“Go Daddy”) on the other hand, each acting through their duly authorized undersigned counsel of record, hereby move that all claims by Eolas and The Regents against Go Daddy, and all claims by Go Daddy against Eolas and The Regents in this action be hereby dismissed with prejudice pursuant to and in accordance with settlement agreements executed on February 8, 2012, and that an order of dismissal to this effect may be entered forthwith. Each of the aforementioned parties shall bear its own costs and attorneys' fees with respect to these claims. DATED: February 9, 2012 /s/ Mike McKool, Jr. McKOOL SMITH, P.C. 300 Crescent Court Suite 1500 Dallas, TX 75201 Telephone: (214) 978-4000 Email: mmckool@mckoolsmith.com Attorneys for Plaintiffs Respectfully submitted: /s/ Neil J. McNabnay Thomas M. Melsheimer (Bar No. 13922550) <txm@fr.com> Neil J. McNabnay (Bar No. 24002583) <njm@fr.com> Carl E. Bruce (Bar No. 24036278) <ceb@fr.com> FISH & RICHARDSON P.C. 1717 Main Street, Suite 5000 Dallas, TX 75201 Telephone: (214) 747-5070 Facsimile: (214) 747-2091 Proshanto Mukherji (pro hac vice) <pvm@fr.com> FISH & RICHARDSON P.C. One Marina Park Drive Boston, MA 02110-1878 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Attorneys for Defendant and Counterclaimant The Go Daddy Group, Inc. CERTIFICATE OF SERVICE I hereby certify that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court’s CM/ECF system per Local Rule CV-5(a)(3) on February 9, 2012. /s/ Neil J. McNabnay Proshanto Mukherji

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