Filed: Aug. 02, 2016
Latest Update: Aug. 02, 2016
Summary: STIPULATION AND ORDER OF DISMISSAL HAYWOOD S. GILLIAM, Jr. , District Judge . WHEREAS, Qurio Holdings, Inc. ("Plaintiff" or "Qurio") commenced the present action against Defendants, DIRECTV LLC ("DIRECTV") alleging infringement of U.S. Patent Nos. 7,787,904, 8,102,863 and 8,879,567, collectively hereinafter, the patents-in-suit; and DIRECTV has denied any infringement of the patents-in-suit and has alleged that the patents-in-suit are invalid. WHEREAS the parties agree that this action sho
Summary: STIPULATION AND ORDER OF DISMISSAL HAYWOOD S. GILLIAM, Jr. , District Judge . WHEREAS, Qurio Holdings, Inc. ("Plaintiff" or "Qurio") commenced the present action against Defendants, DIRECTV LLC ("DIRECTV") alleging infringement of U.S. Patent Nos. 7,787,904, 8,102,863 and 8,879,567, collectively hereinafter, the patents-in-suit; and DIRECTV has denied any infringement of the patents-in-suit and has alleged that the patents-in-suit are invalid. WHEREAS the parties agree that this action shou..
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STIPULATION AND ORDER OF DISMISSAL
HAYWOOD S. GILLIAM, Jr., District Judge.
WHEREAS, Qurio Holdings, Inc. ("Plaintiff" or "Qurio") commenced the present action against Defendants, DIRECTV LLC ("DIRECTV") alleging infringement of U.S. Patent Nos. 7,787,904, 8,102,863 and 8,879,567, collectively hereinafter, the patents-in-suit; and DIRECTV has denied any infringement of the patents-in-suit and has alleged that the patents-in-suit are invalid.
WHEREAS the parties agree that this action should now be dismissed;
NOW, THEREFORE, the Parties agree and stipulate as follows:
1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Parties jointly stipulate to the voluntary dismissal of this action.
2. Plaintiff Qurio's dismissal will be with prejudice.
3. Defendant DIRECTV's dismissal will be without prejudice.
4. Each party will bear its own costs and attorneys' fees.
Accordingly, the Parties request that the Clerk of Court now close this case.
Each undersigned representative of the Parties certifies that he or she is fully authorized to enter into and execute the terms and conditions of this Joint Stipulation of Dismissal.
I, Kirk A. Vander Leest, the filer attest that concurrence from DIRECTV LLC's outside counsel in the filing of this document has been obtained.
/s/Kirk A. Vander Leest
SHARTSIS FRIESE LLP
RICHARD F. MUNZINGER (Bar #217902)
rmunzinger@sflaw.com
JOSEPH V. MAUCH (Bar #253693)
jmauch@sflaw.com
One Maritime Plaza, Eighteenth Floor
San Francisco, CA 94111
Telephone: (415) 421-6500
Facsimile: (415) 421-2922
Kirk Vander Leest, Esq. (Pro Hac Vice)
James P. Murphy, Esq. (Pro Hac Vice)
Rajendra A. Chiplunkar, Esq. (Pro Hac Vice)
McAndrews, Held & Malloy, Ltd.
500 West Madison Street, 34th Floor
Chicago, Illinois 60661
Telephone: (312) 775-8000
Facsimile: (312) 775-8100
Attorneys for Plaintiff
QURIO HOLDINGS, INC.
ORDER
PURSUANT TO STIPULATION, and good cause showing, the Court orders as follows:
1. The action is dismissed pursuant to FRCP 41(a)(1)(A)(ii).
2. Plaintiff Qurio's dismissal is with prejudice; Defendant DIRECTV'S dismissal is without prejudice.
3. Each party shall bear their own costs and attorneys' fees.
IT IS SO ORDERED.