The opinion of the court was delivered by: Judge: Edward J. Davila
JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH Defendant, PREJUDICE
Pursuant to Rules 41(a)(1)(A)(ii) and 41(c) of the Federal Rules of Civil Procedure, Plaintiff/Counter-Defendant C&C Jewelry Mfg. Co, Inc. ("C&C") and Defendant/Counter-Claimant Trent West ("West") hereby file this Joint Stipulation of Dismissal With Prejudice as follows:
C&C brought suit against West seeking, inter alia, declaratory judgment of non-infringement, invalidity and unenforceability of U.S. Patent Nos. 6,062,045 (the '045 Patent), 6,553,667 (the '667 Patent), 6,928,734 (the '734 Patent), 6,990,736 (the '736 Patent), 6,993,842 (the '842 Patent), 7,032,314 (the '314 Patent) and 7,076,972 (the '972 Patent) (Dkt. No. 1).
West filed a counterclaim against C&C for, inter alia, infringement of the '972 Patent, the '734 Patent, the '736 Patent and the '314 Patent (Dkt. No. 6).
All matters of fact and things in controversy between C&C and West have now been resolved.
Therefore, C&C stipulates to dismiss with prejudice all of the claims asserted in its complaint against West (Dkt. No. 1), and West stipulates to dismiss with prejudice all of the claims asserted in his counterclaim against C&C (Dkt. No. 6). Each of the parties agrees to waive any claim for recovery of its respective fees and costs in this action with regard to the claims dismissed herein.
WHEREFORE, Pursuant to Rules 41(a)(1)(A)(ii) and 41(c) of the Federal Rules of Civil Procedure, Plaintiff/Counter-Defendant C&C Jewelry Mfg. Co, Inc. and Defendant/Counter-Claimant Trent West hereby jointly stipulate to a dismissal with prejudice of all claims asserted by the parties against one another in this action.
Respectfully stipulated to by: SCHEEF & STONE, LLP KING & KELLEHER, LLP By: /s/ Eric C. Wood By: /s/ Edward Vincent King Eric C. Wood Edward Vincent King Attorneys for Plaintiff C&C Jewelry Mfg., Attorneys for Defendant Trent Inc. West Date: January 9, 2012 Date: January 9, 2012
Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Eric C. Wood, attest that concurrence in the filing ...