STIPULATION OF WITHDRAWAL AND RESPONSIVE OF SUBPOENA MOTION FOR PROTECTIVE ORDER

ANN AIKEN, District Judge.

The parties being in agreement, and the Court being duly and sufficiently advised, IT IS HEREBY STIPULATED, ORDERED, AND ADJUDGED that:

1. Defendant D & M Chern served a subpoena in December 2012 on third party OR-CAL, Inc. ("OR-CAL") in this district. The subpoena was served in connection with a lawsuit pending in Washington State federal court, Tessenderlo Kerley, Inc. v. D & M Chern, Inc., Case No. 2: 11-cv-03112-LRS (E.D. Wash.) (the "Washington State Litigation").

2. On February 28, 2013, plaintiff Tessenderlo Kerley, Inc. ("TKI") filed a motion for protective order in this Court to block OR-CAL from producing certain documents. D & M Chern has opposed this motion.

3. On March 29, 2013, TKI and D & M Chern filed a stipulation resolving the Washington State Litigation. See Ex. A hereto.

4. Additionally, on March 29, 2013, D & M Chern sent a letter to OR-CAL's counsel informing him that, in light of the resolution of the Washington State Litigation, D & M Chern withdraws its subpoena to OR-CAL. See Ex. B hereto.

5. Based on the foregoing, TKI hereby withdraws the motion for protective filed in this Court on February 28, 2013.

6. The parties agree that the action in this Court should be dismissed with prejudice, each party to bear its own attorneys' fees and costs.

SO STIPULATED.

SO ORDERED.

EXHIBIT A

The parties being in agreement, and the Court being duly and sufficiently advised; IT IS HEREBY STIPULATED, ORDERED AND ADJUDGED that:

1. The Claim Construction Order (Docket Item 116) is FINAL as to all claim constructions therein including but not limited to the Court's claim constructions for the claim terms "[particles as applied] allow for the exchange of gases on the surface of said crop" (U.S. Patent No. 6,110,867) and "[said membrane] allows for the exchange of gases on the surface of said substrate" (U.S. Patent No. 6,464,995).

2. All Claims of Plaintiff Tessenderlo Kerley, Inc. as set forth in the Complaint (Docket Item 1) be, and hereby are, DISMISSED with prejudice as to Defendant D & M Chem, Inc., and its directors, officers, employees, attorneys, insurers, successors and assigns, subsidiaries, affiliates, divisions, parent companies, and related corporate entities;

3. All Counterclaims of Defendants/Counterclaimants D & M Chem, Inc. as set forth in its Answer and counterclaims (Docket Item 35) be, and hereby are, DISMISSED with prejudice as to Counterclaim Defendant Tessenderlo Kerley, Inc., and its directors, officers, employees, attorneys, insurers, successors and assigns, subsidiaries, affiliates, divisions, parent companies, and related corporate entities; and

4. Each party to bear its own attorneys' fees and costs.

Dated this 29th day of March, 2013.

SO STIPULATED:1

SO ORDERED.

EXHIBIT B

March 29, 2013

Re: Tessenderlo Kerley, Inc. v. D&M Chern, Inc.

Dear Bill:

Please be advised that the parties to the above-referenced litigation have filed a Stipulated Motion and Order of Dismissal. Accordingly, D&M Chern, Inc. hereby withdraws its subpoena for documents to your client, Or-Cal, Inc., issued December 18, 2012. There is no need for any further action by Or-Cal in connection with the subpoena.

TKI's counsel have advised that they will be promptly withdrawing their motion for protective order regarding the subpoena.