RULE 41(a)(1)(A)(ii) STIPULATION OF DISMISSAL WITH PREJUDICE [PROPOSED] ORDER

MAXINE M. CHESNEY, District Judge.

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties to this action, Plaintiff Feeney, Inc. ("Feeney"), and Defendants The Cable Connection and Ultra-Tec Corporation (collectively, "Cable Connection"), by through their undersigned counsel, stipulate as follows:

WHEREAS, Feeney filed, on March 19, 2012, its complaint in the above-captioned action ("Action") alleging infringement of U.S. Patent No. RE43,194 ("the `194 Patent") [D.E. 1];

WHEREAS, Cable Connection filed their answer to Feeney's complaint on August 3, 2012 [D.E. 18];

WHEREAS, by Order, dated August 21, 2012 [Doc. No. 28], this Action was stayed in its entirety pending the outcome of an inter partes reexamination in the Patent Office.

NOW, THEREFORE, it is hereby stipulated by and between the parties:

1. The parties request that the stay in this Action be vacated; and

2. The parties hereby consent to the dismissal of this Action, with prejudice, without costs to either party.

[PROPOSED] ORDER

Having considered the Stipulated Dismissal With Prejudice filed by Plaintiff Feeney, Inc. and Defendants The Cable Connection and Ultra-Tec Corporation (the "Dismissal"), the Court finds that the Dismissal should be GRANTED.

IT IS HEREBY ORDERED that the stay in this action is vacated and that all claims asserted in the above-captioned cause are dismissed with prejudice. Each party shall bear its own costs.