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San Jose Branch OmniVision Technologies, Inc. v. Qualcomm Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 8, 2009

SAN JOSE BRANCH OMNIVISION TECHNOLOGIES, INC., PLAINTIFF,
v.
QUALCOMM INCORPORATED, DEFENDANT.

The opinion of the court was delivered by: Richard Seeborg United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

Pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and in consideration of a Settlement Agreement entered into by the parties on April 8, 2009, Plaintiff OmniVision Technologies, Inc. and Defendant Qualcomm Incorporated each hereby stipulates to the dismissal of this action with prejudice, including all claims that the parties have asserted against each other. The parties further stipulate, and request that the Court orders, that the Court retain jurisdiction over the case for the purposes of enforcing, or adjudicating disputes arising from, the parties' settlement agreement. Each party is to bear its own costs and fees.

Dated: April 8, 2009 WINSTON & STRAWN LLP K. Joon Oh Andrew P. Bridges Jennifer A. Golinveaux K. Joon Oh Attorneys for Plaintiff, OMNIVISION TECHNOLOGIES, INC.

Dated: April 8, 2009

McDERMOTT WILL & EMERY LLP T. Ahearn Terrence P. McMahon David H. Dolkas Terry W. Ahearn Attorneys for Defendant, QUALCOMM INCORPORATED

I, K. Joon Oh, am the ECF User whose ID and password are being used to file this Stipulation.In compliance with General Order 45, X.B., I hereby attest that the parties have concurred in this filing.

Dated: April 8, 2009

K. Joon Oh

ORDER

Pursuant to the parties' stipulation, IT IS SO ORDERED.

20090408

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