The opinion of the court was delivered by: Richard Seeborg United States District Judge
JOINT STIPULATION TO DISMISS CERTAIN COUNTS AGAINST DEFENDANT WITHOUT PREJUDICE SRI INTERNATIONAL, INC., [PROPOSED] ORDER
WHEREAS, Plaintiff Check Point Software Technologies, Inc., ("Check Point") and Defendant SRI International, Inc. ("SRI") (collectively "the Parties") have met and conferred in 3 an effort to narrow the issues in the above-captioned case; 4
WHEREAS, Check Point has agreed to voluntarily dismiss its counts for declaratory judgment numbered 1, 2, 5, 6, and 9-12 in the Complaint (Dkt. No. 1) against SRI relating to 6 U.S. Patent Nos. 6,321,338; 6,704,874; 7,594,260; and 7,694,115, respectively; 7
WHEREAS, Check Point will maintain its counts for declaratory judgment numbered 3, 4, 7, and 8 in the Complaint against SRI relating to U.S. Patent Nos. 6,484,203 and 6,711,615, 9 respectively; 10
WHEREAS, the Parties have agreed that any litigation relating to U.S. Patent Nos. 6,321,338; 6,484,203; 6,704,874; 6,711,615; 7,594,260; and 7,694,115 between the Parties 12 shall take place in the United States District Court for the Northern District of California; 13
NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate and agree that Counts 1, 2, 5, 6, and 9-12 against SRI shall be dismissed without prejudice from this 15 action, with each side to bear its own costs and expenses. 16 17
Dated: July 13, 2012 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Stefani E. Shanberg Stefani E. Shanberg Attorneys for Plaintiff CHECK POINT SOFTWARE TECHNOLOGIES, INC. Dated: July 13, 2012 FISH & RICHARDSON P.C. 25 By: /s/ Howard G. Pollack Howard G. Pollack Attorneys for Defendant SRI INTERNATIONAL, INC.
SIGNATURE ATTESTATION Pursuant to General Order No. 45, section X(B), and Local Rule 5.1(i)(3), I attest under 3 penalty of perjury that concurrence in the filing of this document has been obtained from 4 Howard G. Pollack. 5 /s/ Stefani E. Shanberg Stefani E. Shanberg
Pursuant to stipulation, IT IS SO ORDERED.
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