United States District Court, N.D. California, San Francisco Division
June 10, 2004.
ZIRCON CORPORATION, a California Corporation, Plaintiff,
RYOBI TECHNOLOGIES, INC., Defendant.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
STIPULATED DISMISSAL PURSUANT TO Fed.R.Civ.P. 41(a)(1)(ii) AND
ACTION ORDER DISMISSING ACTION
The parties hereby stipulate as follows:
Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil
Procedure, Plaintiff Zircon Corporation ("Zircon") requests that
its claims of infringement of U.S. Pat. No. 6,023,159 against
Defendant, Ryobi Technologies, Inc. ("Ryobi"), be dismissed with
prejudice. Ryobi has consented to dismissal of Zircon's claims
Zircon and Ryobi also stipulate that Ryobi's counterclaims
against Zircon which relate to the alleged infringement and
validity of the '159 patent should be dismissed without
prejudice as being moot.
The Court being so advised HEREBY ORDERS and DECREES:
Zircon's claims against Ryobi are DISMISSED WITH PREJUDICE.
Ryobi's counterclaims against Zircon are DISMISSED WITHOUT
PREJUDICE as being moot.
Each party shall bear its own costs and attorney fees.
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