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Seagate Technology LLC v. Stec

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 18, 2009

SEAGATE TECHNOLOGY LLC, A DELAWARE LIMITED LIABILITY COMPANY; SEAGATE TECHNOLOGY INTERNATIONAL, A CAYMAN ISLANDS COMPANY; SINGAPORE INTERNATIONAL HEADQUARTERS PTE. LTD., A SINGAPORE CORPORATION; AND MAXTOR CORPORATION, A DELAWARE CORPORATION, PLAINTIFFS AND COUNTERCLAIM-DEFENDANTS,
v.
STEC, INC., A CALIFORNIA CORPORATION, DEFENDANT AND COUNTERCLAIM-PLAINTIFF.

The opinion of the court was delivered by: Honorable James Ware United States District Judge

STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND SEAGATE [PROPOSED] ORDER AND RELATED COUNTERCLAIMS

International, Seagate Singapore International Headquarters Pte. Ltd., and Maxtor Corp. (collectively "Seagate"), and Defendant and Counterclaim-Plaintiff STEC, Inc. ("STEC") hereby stipulate through their respective counsel of record as follows:

WHEREAS, on April 14, 2008, Seagate filed its Complaint For Patent Infringement (Demand For Jury Trial) against STEC that, as amended, alleges infringement of U.S. Patent Nos. 7,042,664; 5,261,058; 6,336,174; 6,849,480; and 6,404,647 (collectively, the "Patents-In-Suit"); and Patent Infringement And Counterclaims that, as amended, denies Seagate's infringement allegations and asserts counterclaims for non-infringement, invalidity, and unenforceability of the Patents-In-Suit; and Seagate Technology LLC, Seagate Technology International, Seagate Singapore International Plaintiff and Counterclaim-Defendants Seagate Technology LLC, Seagate Technology

WHEREAS, on May 15, 2008, STEC filed its Answer To First Amended Complaint For

WHEREAS, on June 25, 2008, Seagate filed its Answer Of Counterclaim Defendants Headquarters Pte. Ltd., And Maxtor Corporation To First Amended Counterclaims Of STEC, Inc. denying STEC's counterclaims;

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Seagate and STEC that the entire action, including all claims and counterclaims, shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41. Each party shall bear its own costs and fees.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to Federal Rule of Civil Procedure 41 and the stipulation of the parties of record in this action, it is hereby ORDERED that the entire action (including all claims and counterclaims) is dismissed with prejudice. Each party shall bear its own costs and fees.

PURSUANT TO STIPULATION IT IS SO ORDERED.

Docket Items No. 107 and 108 are found as MOOT. The Court terminates any remaining pending deadlines, hearings and motions. The Clerk shall close this file.

20090218

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