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PUBLICATIONS INTERNATIONAL LTD. v. TINKERS & CHANCE

United States District Court, N.D. California, San Francisco Division


November 4, 2005.

PUBLICATIONS INTERNATIONAL, LTD. an Illinois corporation, Plaintiff,
v.
TINKERS & CHANCE, a California partnership, and DOES 1 through 10, Defendants.

The opinion of the court was delivered by: MARILYN PATEL, District Judge

NOTICE OF DISMISSAL (Fed.R.Civ.P. 41 (a)(1)(i))

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

  PLEASE TAKE NOTICE that pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure, and based on the following covenant not to sue provided by defendant Tinkers & Chance on October 31, 2005,

 

Tinkers & Chance unconditionally covenants not to sue Publications International, Ltd. for any past, present, or future infringement, including inducing or contributing to third party infringement, of all claims in United States Patent No. 6,739,874 (the "'874 patent") and in the patent issuing from United States Patent Application Serial No. 10/455, 573 (the "'573 application") as they currently read, and any claim in any reissued or reexamined version of the '874 patent or the patent issuing from the '573 application that is the same as, or substantially identical to, any claim in the '874 patent or the patent issuing from the '573 application as it currently reads, arising out of Publications International, Ltd.'s manufacture, use, sales, offers to sell, or importation of any past or present Publications International, Ltd. product commercially available on or before the date of this covenant, including without limitation the ActivePAD™ and ActivePOINT™ products. This Convenant shall extend to future additions to or modifications of the content of the educational books used with the ActivePAD™ or ActivePOINT™ products.
plaintiff Publications International, Ltd., dismisses this action with prejudice, each side to bear its own fees and costs.

20051104

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