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ARTES MEDICAL USA, INC. v. BIOFORM MEDICAL

United States District Court, S.D. California


November 15, 2005.

ARTES MEDICAL USA, INC., a Delaware Corporation, Plaintiff,
v.
BIOFORM MEDICAL, INC., a Delaware Corporation, Defendant. BIOFORM MEDICAL, INC., a Delaware Corporation, Counterclaimant, v. ARTES MEDICAL USA, INC., a Delaware Corporation, and MARTIN LEMPERLE, Counterdefendants.

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

JOINT STIPULATED DISMISSAL UNDER FED. R. CIV. P. 41

Plaintiff and Counterdefendant Artes Medical USA, Inc. ("Artes Medical"), Defendant and Counterclaimant BioForm Medical, Inc. ("BioForm") and Counterdefendant Martin Lemperle ("Lemperle"), by and through their attorneys of record, hereby stipulate as follows:

  1. Pursuant to Fed.R.Civ.P. 41(a)(1)(ii), all claims asserted by Artes Medical against BioForm in the above-captioned action are hereby dismissed with prejudice.

  2. Pursuant to Fed.R.Civ.P. 41(c), all counterclaims asserted by BioForm against Artes Medical and Lemperle in the above-captioned action are hereby dismissed with prejudice.

  3. Each party shall bear its own costs and attorneys' fees.

20051115

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