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TOSHIBA CORPORATION v. HYNIX SEMICONDUCTOR INC.

United States District Court, N.D. California


December 16, 2005.

TOSHIBA CORPORATION, et al, Plaintiffs,
v.
HYNIX SEMICONDUCTOR INC, Defendant.

The opinion of the court was delivered by: VAUGHN WALKER, District Judge

ORDER

At a hearing held on December 15, 2005, the parties agreed to the following disposition, which was proposed by the court in its December 14, 2005, order. Doc #26. The court GRANTS Hynex Semiconductor Inc's ("HSI's") motion to dismiss 05-2914 VRW without prejudice (Doc #14-1). In 05-4100 VRW, the court GRANTS Toshiba Corporation's, Toshiba America Electronic Components, Inc's and Toshiba America Information Systems, Inc's ("the Toshiba entities'") motion to SEVER HSI's counterclaim alleging infringement of United States patent no 5,200,030 ("`030 patent"). Doc #16 in 05-4100 VRW. Also in 05-4100 VRW, the court SEVERS the Toshiba entities' declaratory relief counterclaims pertaining to the `030 patent. Additionally, the court CONSOLIDATES both HSI's severed infringement counterclaim and the Toshiba entities' severed declaratory relief counterclaims with 04-4708 VRW. The clerk shall CLOSE the file for 05-2914 VRW and TERMINATE all pending motions in that case. HSI's motion to stay 05-4016 VRW is not affected by this order and remains scheduled for hearing on February 9, 2006.

IT IS SO ORDERED.

20051216

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