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CELLECTRICON AB v. FLUXION BIOSCIENCES, INC., 5:09-cv-03150 (RMW). (2013)

Court: District Court, N.D. California Number: infdco20130104708 Visitors: 6
Filed: Jan. 03, 2013
Latest Update: Jan. 03, 2013
Summary: STIPULATION OF DISMISSAL AND ORDER RONALD M. WHYTE, District Judge. Plaintiff Cellectricon AB hereby dismisses with prejudice all of it claims asserted in this action against defendant Fluxion Biosciences, Inc. Pursuant to the stipulated order dated June 23, 2011 in this action (Dkt 153 at p. 3 lines 16-21 and p. 5 lines 7-10), Plaintiff Gyros AB no longer has an interest in the patents and patent claims in this action, it shall be dismissed as a party to this action, and its claims are dismis
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STIPULATION OF DISMISSAL AND ORDER

RONALD M. WHYTE, District Judge.

Plaintiff Cellectricon AB hereby dismisses with prejudice all of it claims asserted in this action against defendant Fluxion Biosciences, Inc. Pursuant to the stipulated order dated June 23, 2011 in this action (Dkt 153 at p. 3 lines 16-21 and p. 5 lines 7-10), Plaintiff Gyros AB no longer has an interest in the patents and patent claims in this action, it shall be dismissed as a party to this action, and its claims are dismissed. Fluxion hereby dismisses all of its counterclaims asserted in this action against Cellectricon and Gyros, reserving the right to assert the counterclaims if it is sued in the future on any patent referenced in those counterclaims. The parties, by their counsel, hereby stipulate under Federal Rule of Civil Procedure 41 (a)(1)(A)(ii), that all claims in this action are dismissed in accordance with the above stipulations. The parties further stipulate that each party shall bear its own costs and attorney's fees. Based on these stipulations and pursuant to Civil Local Rules 7-1(a)(5) and 7-12, the Parties request entry of the Proposed Order submitted herewith ERIC L. WESENBERG

FILERS ATTESTATION

Pursuant to General Order No. 45, Section X (B) and Civil Local Rule 4-2(i)(3) regarding signatures, I, Jeffrey S. Love, hereby attest that the concurrence in the filing of this document has been obtained from George W. Neuner, Attorney for Plaintiffs.

[] ORDER

Pursuant to the stipulations of the parties,

IT IS SO ORDERED that the claims of Plaintiff Cellectricon AB are dismissed with prejudice; Plaintiff Gyros AB is dismissed as a party to this action and its claims are dismissed; and Fluxion's counterclaims are dismissed, reserving Fluxion's right to assert the counterclaims if it is sued in the future on any patent referenced in those counterclaims. Each party shall bear its own costs and attorney's fees.

Source:  Leagle

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