United States District Court, S.D. California
November 17, 2005.
ZENON ENVIRONMENTAL, INC., Plaintiff,
UNITED STATES FILTER CORPORATION, Defendant.
The opinion of the court was delivered by: RUDI BREWSTER, Senior District Judge
STIPULATION AND ORDER FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN
CLAIMS RELATING TO U.S. PATENT NO. 6,620,319
Pursuant to Fed.R.Civ.P. 41(a)(1), plaintiff and
counterclaim defendant Zenon Environmental, Inc. ("Zenon") and defendant and counterclaim
plaintiff United States Filter Corporation, now known as Water
Applications & Systems Corporation ("U.S. Filter"), hereby
stipulate as follows:
1. Except to the extent decided by the Court's Decision On
Bifurcated Trial dated May 4, 2005 (Docket No. 124), U.S.
Filter's Counterclaim for Invalidity of U.S. Patent No. 6,620,319
("the '319 Patent"), U.S. Filter's Counterclaim for
Unenforceability of the '319 Patent, and U.S. Filter's
Counterclaim for Unfair Competition based on Inequitable Conduct
related to the '319 Patent, all as reflected in Counts III and IV
of the First Amended Answer to the Complaint and Counterclaims,
shall be dismissed without prejudice.
2. Each party shall bear its own costs and attorneys' fees in
connection with these counterclaims.
IT IS SO STIPULATED.
IT IS SO ORDERED.
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