STIPULATION AND ORDER

RICHARD F. BOULWARE, II, District Judge.

WHEREAS Plaintiffs Pharma Tech Solutions, Inc. and Decision IT Corp. (collectively "Pharma Tech") have alleged in this action, inter alia, that Defendants LifeScan Inc., LifeScan Scotland, Ltd. and Johnson & Johnson (collectively, "LifeScan") literally infringe U.S. Patent Nos. 6,153,069 ("the '069 patent") and 6,413,411 ("the '411 patent") (collectively, the "Asserted Patents") by making, using, importing, exporting, offering to sell, and selling OneTouch Ultra blood glucose test strips and meters (the "Accused Products"); and

WHEREAS LifeScan has disputed this allegation; and

WHEREAS LifeScan has provided Pharma Tech with access to documentation showing the operation of the Accused Products; and

WHEREAS Pharma Tech has reviewed this documentation and has concluded that LifeScan does not literally infringe the Asserted Patents by making, using, importing, exporting, offering to sell, or selling the Accused Products; and

WHEREAS Pharma Tech now wishes to dismiss its allegations of literal infringement;

NOW THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND ORDERED that Pharma Tech's claims against LifeScan of literal infringement of all claims of the '069 patent and all claims of the '411 patent ARE DISMISSED WITH PREJUDICE.

For clarity and the avoidance of doubt, this Stipulation and Order does not in any way affect Pharma Tech's claim that LifeScan infringes the '411 patent and the '069 patent under the doctrine of equivalents.

IT IS SO ORDERED.