JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT KEYGENE, INC.

JON S. TIGAR, District Judge.

Pursuant to Local Rule 7-12, Plaintiff NuGEN Technologies, Inc. ("NuGEN") and Defendants Keygene N.V. and Keygene, Inc. (collectively "Defendants"), through their counsel, submit the following Joint Stipulation and [Proposed] Order of Dismissal of Defendant Keygene, Inc.:

WHEREAS, NuGEN commenced the above-captioned action, NuGEN Technologies, Inc. v. Keygene N.V. and Keygene, Inc., Case No. 3:18-cv-00525-JST (the "Action"), seeking declaratory judgment of non-infringement and invalidity of U.S. Patent Nos. 9,702,004 (the "`004 patent") and 9,745,627 (the "`627 patent"), against Defendants, on January 24, 2018 [ECF No. 1];

WHEREAS, on March 19, 2018, Keygene, Inc. filed a motion to dismiss the Action as to Keygene, Inc. pursuant to Fed. R. Civ. P. 12(b)(1) asserting that Keygene is "neither an owner nor exclusive licensee of the patents-in-suit" [ECF No. 25];

NOW, THEREFORE, in consideration of the foregoing and in the interest of judicial economy, NuGEN and Defendants (the "Parties") hereby stipulate, subject to the approval of the Court, to the following:

1. The Parties agree and stipulate that Keygene, Inc. is hereby dismissed as a defendant in the Action.

2. Keygene, Inc. represents that it is neither an owner nor exclusive licensee of either the '004 patent or the '627 patent and therefore is not asserting any rights under those patents with respect to NuGEN.

3. The Parties further agree and stipulate that Keygene, Inc. does not have standing to assert either the '004 patent or the '627 patent.

4. The Parties shall each bear their own attorneys' fees and costs with respect to Keygene, Inc.'s motion to dismiss and this stipulation.

IT IS SO STIPULATED.

FILER'S ATTESTATION

Pursuant to Local Rule 5-1(i)(3), I, Leo J. Presiado, attest that concurrence in filing this document has been obtained from the other signatories.

PURSUANT TO STIPULATION, IT IS SO ORDERED.