Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Filing 287

Agreed MOTION to Dismiss Defendant National Instruments Corporation by Uniloc Singapore Private Limited, Uniloc USA, Inc.. (Attachments: # 1 Text of Proposed Order)(Hartsell, Steven)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION UNILOC USA, INC. and UNILOC SINGAPORE PRIVATE LIMITED, Civil No. 6:10-CV-472-LED Plaintiffs, v. JURY DEMANDED NATIONAL INSTRUMENTS CORP., et al., Defendants. AGREED MOTION TO DISMISS NATIONAL INSTRUMENTS CORPORATION NOW COME Plaintiffs, Uniloc USA, Inc. and Uniloc Singapore Private Limited (collectively, “Uniloc”), and Defendant, National Instruments Corporation (“National Instruments”), 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 Uniloc and National Instruments have been settled and compromised, and these parties agree that each party shall bear its own costs, expenses, and attorneys’ fees. WHEREFORE, PREMISES CONSIDERED, these parties jointly pray that all claims by Uniloc against National Instruments be dismissed with prejudice, and that all counterclaims by National Instruments against Uniloc be dismissed with prejudice, with all attorneys’ fees and costs of court to be borne by the party who incurred them. DATE: October 26, 2011 Respectfully submitted, /s/ Steven W. Hartsell Edward R. Nelson, III Attorney-in-Charge Texas State Bar No. 00797142 Barry J. Bumgardner Texas State Bar No. 24041918 Steven W. Hartsell Texas State Bar No. 24040199 S. Brannon Latimer Texas State Bar No. 24060137 Jaime K. Olin Texas State Bar No. 24070363 NELSON BUMGARDNER CASTO, P.C. 3131 West 7th Street, Suite 300 Fort Worth, Texas 76107 (817) 377-9111 (817) 377-3485 (fax) enelson@nbclaw.net barry@nbclaw.net shartsell@nbclaw.net T. John Ward, Jr. Texas State Bar. No. 00794818 J. Wesley Hill Texas State Bar. No. 24032294 WARD & SMITH LAW FIRM 111 West Tyler St. Longview, Texas 75601 Tel: (903) 757-6400 Fax: (903) 757-2323 jw@wsfirm.com wh@wsfirm.com COUNSEL FOR PLAINTIFFS UNILOC USA, INC. AND UNILOC SINGAPORE PRIVATE LIMITED 2 CERTIFICATE OF SERVICE The undersigned certifies that on October 26, 2011, the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). /s/ Steven W. Hartsell Steven W. Hartsell NELSON BUMGARDNER CASTO, P.C. 3

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