STIPULATED VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(2) AND (c)(1) AND PROPOSED ORDER

JEFFREY S. WHITE, District Judge.

Plaintiff NetApp, Inc. ("NetApp") and Defendant Crossroads Systems, Inc. ("Crossroads"), pursuant to Fed. R. Civ. P. 41(a)(2) and (c)(1), hereby move for an order dismissing NetApp's complaint for declaratory judgment of non-infringement of U.S. Patent Nos. 7,051,147 ("the `147 Patent") and 7,987,311 ("the `311 Patent") without prejudice and all of Crossroads' counterclaims for infringement for the `147 Patent and `311 Patent against NetApp without prejudice, with each party to bear its own costs, expenses and attorneys' fees.

IT IS SO STIPULATED:

Respectfully submitted,

[PROPOSED] ORDER

CAME ON THIS DAY for consideration the Stipulated Voluntary Dismissal of all claims asserted by plaintiff NetApp, Inc. ("NetApp") and all counterclaims asserted by defendant Crossroads Systems, Inc. ("Crossroads") in the above captioned action, and the Court being of the opinion that said Stipulated Voluntary Dismissal should be GRANTED.

It is hereby ORDERED, ADJUDGED, AND DECREED that:

(1) NetApp's complaint for declaratory judgment of non-infringement of U.S. Patent Nos. 7,051,147 ("the `147 Patent") and 7,987,311 ("the `311 Patent") is hereby dismissed without prejudice;

(2) Crossroads' Counterclaim for infringement of the `147 Patent and the `311 Patent is hereby dismissed without prejudice;

(3) It is further ordered that all attorneys' fees, costs and expenses shall be borne by the party that incurred them; and

(4) The Clerk is directed to close the file.

IT IS SO ORDERED.