Filed: Aug. 15, 2016
Latest Update: Aug. 15, 2016
Summary: JOINT STIPULATION OF PARTIAL DISMISSAL AND [PROPOSED] ORDER MAXINE CHESNEY , District Judge . STIPULATION OF PARTIAL DISMISSAL Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff Synopsys, Inc. ("Synopsys") and Defendant ATopTech, Inc. ("ATopTech"), by and through their respective counsel of record, hereby stipulate and agree as follows: 1. Synopsys filed a Second Amended Complaint on November 25, 2013 alleging, inter alia, ATopTech infringes U.S. Patent No. 6,405,348
Summary: JOINT STIPULATION OF PARTIAL DISMISSAL AND [PROPOSED] ORDER MAXINE CHESNEY , District Judge . STIPULATION OF PARTIAL DISMISSAL Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff Synopsys, Inc. ("Synopsys") and Defendant ATopTech, Inc. ("ATopTech"), by and through their respective counsel of record, hereby stipulate and agree as follows: 1. Synopsys filed a Second Amended Complaint on November 25, 2013 alleging, inter alia, ATopTech infringes U.S. Patent No. 6,405,348 (..
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JOINT STIPULATION OF PARTIAL DISMISSAL AND [PROPOSED]ORDER
MAXINE CHESNEY, District Judge.
STIPULATION OF PARTIAL DISMISSAL
Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff Synopsys, Inc. ("Synopsys") and Defendant ATopTech, Inc. ("ATopTech"), by and through their respective counsel of record, hereby stipulate and agree as follows:
1. Synopsys filed a Second Amended Complaint on November 25, 2013 alleging, inter alia, ATopTech infringes U.S. Patent No. 6,405,348 ("the '348 Patent"). ECF No. 43. Synopsys repeated those allegations in its First Supplemental Amended Complaint, filed on January 23, 2016. ECF No. 523.
2. In its infringement contentions, Synopsys alleged that ATopTech infringes Claims 1-5, 7-12, 15-19, and 22-26 of the '348 Patent.
3. Pursuant to the parties' stipulation, the Court dismissed with prejudice Synopsys' claim for infringement of Claims 15-19 of the '348 Patent. ECF No. 763.
4. The parties agree that all of Synopsys' claims for infringement of the remaining asserted claims of the '348 Patent against ATopTech should be dismissed with prejudice as to all past and present products made, used, sold, offered for sale, or imported into the United States by ATopTech and that ATopTech's defenses pertaining to the remaining asserted claims of the '348 Patent should be dismissed without prejudice.
5. The parties agree that each party will bear its own fees and costs with respect to Synopsys' claims for infringement of the '348 Patent.
In accordance with Local Rule 5-1(i)(3), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.
[PROPOSED] ORDER OF PARTIAL DISMISSAL
IT SO ORDERED, pursuant to Fed. R. Civ. P., Rule 41(a)(2) and the Parties' stipulation, that:
1. Synopsys' claim for infringement of Claims 1-5, 7-12, and 22-26 of U.S. Patent No. 6,405,348 is dismissed with prejudice.
2. ATopTech's defenses pertaining to Claims 1-5, 7-12, and 22-26 of U.S. Patent No. 6,405,348 are dismissed without prejudice.
3. Each party will bear its own fees and costs with respect to Synopsys' claim for infringement of U.S. Patent No. 6,405,348.
