Filed: Jul. 09, 2013
Latest Update: Jul. 09, 2013
Summary: [PROPOSED] ORDER DISMISSING ACTION PHYLLIS J. HAMILTON, District Judge. WHEREAS, Apple Inc. ("Apple") sued Amazon.com and Amazon Digital Services, Inc. ("Amazon") on March 18, 2011 in Civil Action No. 11-cv-01327 PJH in the United States District Court for the Northern District of California ("the Complaint") claiming that Amazon's use of Appstore infringed Apple's rights in App Store, and; WHEREAS, Amazon filed an answer and counterclaim for declaratory relief of non-infringement on April 25
Summary: [PROPOSED] ORDER DISMISSING ACTION PHYLLIS J. HAMILTON, District Judge. WHEREAS, Apple Inc. ("Apple") sued Amazon.com and Amazon Digital Services, Inc. ("Amazon") on March 18, 2011 in Civil Action No. 11-cv-01327 PJH in the United States District Court for the Northern District of California ("the Complaint") claiming that Amazon's use of Appstore infringed Apple's rights in App Store, and; WHEREAS, Amazon filed an answer and counterclaim for declaratory relief of non-infringement on April 25,..
More
[PROPOSED] ORDER DISMISSING ACTION
PHYLLIS J. HAMILTON, District Judge.
WHEREAS, Apple Inc. ("Apple") sued Amazon.com and Amazon Digital Services, Inc. ("Amazon") on March 18, 2011 in Civil Action No. 11-cv-01327 PJH in the United States District Court for the Northern District of California ("the Complaint") claiming that Amazon's use of Appstore infringed Apple's rights in App Store, and;
WHEREAS, Amazon filed an answer and counterclaim for declaratory relief of non-infringement on April 25, 2011 ("the Counterclaim"), and;
WHEREAS, Apple issued to Amazon a covenant not to sue ("the Covenant") on June 28, 2013, and wishes to have the Complaint dismissed with prejudice, and;
WHEREAS, the Covenant issued by Apple to Amazon renders the Counterclaim moot and, therefore, Amazon wishes to have the Counterclaim dismissed without prejudice;
THEREFORE, the parties request that the Court enter this Order accomplishing those dismissals.
IT IS SO ORDERED.
