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DIONEX CORPORATION v. ALLTECH ASSOCIATES

United States District Court, N.D. California, Oakland Division


October 11, 2005.

DIONEX CORPORATION, a Delaware Corporation, Plaintiff,
v.
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 above-captioned actions.

  3. Each Party shall bear its own attorneys' fees and costs of suit.

  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.

  ORDER

  IT IS SO ORDERED.

20051011

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