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ZIRCON CORPORATION v. RYOBI TECHNOLOGIES

June 10, 2004.

ZIRCON CORPORATION, a California Corporation, Plaintiff,
v.
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 with prejudice.

  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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