United States District Court, N.D. California, Oakland Division
October 11, 2005.
DIONEX CORPORATION, a Delaware Corporation, Plaintiff,
ALLTECH ASSOCIATES, INC., an Illinois Corporation, Defendant.
The opinion of the court was delivered by: SAUNDRA ARMSTRONG, District Judge
STIPULATION AND ORDER
WHEREAS Dionex Corporation ("Dionex") and Alltech, Inc.,
("Alltech") have entered into a confidential settlement, which
provides a basis for conclusion of these actions;
THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through
their counsel of record, that:
1. All claims, defenses, and counterclaims in Case No. C03-1788
SBA are hereby dismissed with prejudice, except Alltech's
counterclaims of invalidity which are dismissed without
prejudice. However, it is expressly understood that neither Party
is admitting the validity or invalidity of any patent, or its
direct, contributory, or inducement of infringement or
non-infringement of any patent, or any issue relating to the
above-captioned action. It is further expressly understood that
neither Party is waiving or has waived any claim, affirmative
defense or contention that any patents are valid, invalid,
enforceable or unenforceable, including any claim, affirmative
defense or contention based upon the factual allegations made in
the above captioned-action. Each Party expressly reserves such
issues, contentions, claims and/or defenses. 2. The parties do not accept, admit, or waive any issue,
matter, or position raised in or relating to these
3. Each Party shall bear its own attorneys' fees and costs of
4. This court shall retains jurisdiction subject to the
condition that any motions filed relating to settlement can be
referred to a magistrate for disposition. Pursuant to
Fed.R.Civ.P. 73(b), the parties consent that all proceedings
concerning the enforcement of the parties' settlement shall be
conducted before a Magistrate Judge designated by the Court.
IT IS SO ORDERED.
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