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Positive Technologies, Inc v. Sony Electronics

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 18, 2012

POSITIVE TECHNOLOGIES, INC.,
PLAINTIFF,
v.
SONY ELECTRONICS, INC.,
AMAZON.COM, INC.,
BARNES & NOBLE, INC., AND KOBO INC., DEFENDANTS,

The opinion of the court was delivered by: Susan Illston United States District Court Judge

J. Scott Denko (Texas State Bar No. 00792457) (Pro Hac Vice) Bradley D. Coburn (Texas State Bar No. 24036377) (Pro Hac Vice) 2 Steven J. Lauff (Texas State Bar No. 24013011) (Pro Hac Vice) DENKO COBURN LAUFF LLP 3 1501 S. MoPac Expy., Suite A315 Austin, TX 78746 4 Telephone: (512) 906-2074 Facsimile: (512) 906-2075 5 Email: denko@dcllegal.com coburn@dcllegal.com lauff@dcllegal.com Perry R. Clark (California Bar No. 197101) LAW OFFICES OF PERRY R. CLARK 825 San Antonio Road Palo Alto, CA 94303 Telephone: (650) 248-5817 Facsimile: (650) 618-8533 Email: perry@perryclarklaw.com ADDITIONAL COUNSEL LISTED ON SIGNATURE PAGE Counsel for Plaintiff POSITIVE TECHNOLOGIES, INC.

STIPULATION OF DISMISSAL OF KOBO INC.

Technologies, Inc. ("PTI") and Defendant Kobo Inc. ("Kobo") (collectively, the "Parties") to the 3 above-captioned action.

differences and have entered into an agreement setting out the terms and conditions of the 6 settlement, and as part of such agreement have agreed to the dismissal of this case in accordance 7 with the entry of this Order. 8

Stipulation: 10

Technologies, Inc. ("PTI") and Defendant Kobo Inc. ("PTI"), by and through their undersigned 12 counsel of record, hereby stipulate to the voluntary dismissal with prejudice of PTI's claims 13 against Kobo, and Kobo's counterclaims against PTI, with each party to bear its own costs, 14 expenses, and attorney's fees. 15

2. The parties submit to and the Court does hereby retain exclusive and continuing 16 jurisdiction over the parties and the subject matter of this action for the purpose of enforcing the 17 parties' settlement agreement dated July 6, 2012. 18

This Stipulation and Proposed Order is entered into by and among Plaintiff Positive

WHEREAS, the parties have advised the Court that they have settled and resolved their The Parties agree as follows and request that the Court enter an Order approving this

1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Positive

IT IS SO STIPULATED.

ATTESTATION: Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of this document has been obtained from all signatories.

IT IS SO ORDERED.

By:

20120718

© 1992-2012 VersusLaw Inc.



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