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QUALCOMM INCORPORATED v. MAXIM INTEGRATED PRODUCTS

United States District Court, S.D. California


November 8, 2005.

QUALCOMM INCORPORATED, Plaintiff,
v.
MAXIM INTEGRATED PRODUCTS, INC. a Delaware Corporation, Defendant. MAXIM INTEGRATED PRODUCTS, INC. a Delaware Corporation, Counterclaimant, v. QUALCOMM INCORPORATED, Counterdefendant.

The opinion of the court was delivered by: RUDI BREWSTER, Senior District Judge

STIPULATION AND ORDER OF DISMISSAL

WHEREAS QUALCOMM Incorporated ("QUALCOMM") and Maxim Integrated Products, Inc. ("Maxim"), have entered into a certain Settlement Agreement dated November 1, 2005; and

  WHEREAS the parties filed on November 3, 2005 a Stipulated Consent Decree enjoining certain Maxim conduct with respect to certain QUALCOMM trade secret information;

  IT IS HEREBY STIPULATED by and between QUALCOMM, on the one hand, and Maxim, on the other hand, through their respective counsel and subject to the approval of the Court, in recognition of the valuable consideration described in the aforementioned Settlement Agreement and Stipulated Consent Decree, that:

  1. QUALCOMM's Patent Infringement claims in Count One of QUALCOMM's Fourth Amended Complaint are hereby dismissed without prejudice;

  2. All other claims of QUALCOMM's Fourth Amended Complaint are hereby dismissed with prejudice;

  3. Maxim's Declaratory Judgment of Invalidity, Non-Infringement, and Unenforceability claims in Count One of Maxim's Amended Answer to the Fourth Amended Complaint and Counterclaims are hereby dismissed without prejudice;

  4. All other counterclaims of Maxim's Amended Answer to the Fourth Amended Complaint and Counterclaims are hereby dismissed with prejudice;

  5. The dismissals set forth herein are not intended to void or in any way affect the Court's 5/5/04-Order Granting Defendant's Motion For Summary Adjudication Of No Indirect Infringement In The Complaint And Counterclaim which is expressly preserved notwithstanding this dismissal.

  6. The dismissals set forth herein are not intended to void or in any way affect the Court's Markman rulings, including but not limited to the below orders, all of which are expressly preserved notwithstanding this dismissal:

12/2/04-Order Construing Claims for United States Patent Number 5,452,473,
12/2/04-Order Construing Claims for United States Patent Number 5,590,408,
12/2/04-Order Construing Claims for United States Patent Number 5,665,220,
12/2/04-Order Construing Claims for United States Patent Number 5,732,341, and 11/3/05-Order Construing Claims for United States Patent Number 6,615,027.
  7. Each party will bear its own costs, expenses and attorneys' fees incurred in this action.

  So stipulated and agreed.

  ORDER

  IT IS SO ORDERED.

20051108

© 1992-2005 VersusLaw Inc.



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